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NATURAL ALTERNATIVES INT'L v. CREATIVE COMPUNDS

2018-1295.

918 F.3d 1338 (2019)

NATURAL ALTERNATIVES INTERNATIONAL, INC., Plaintiff-Appellant, v. CREATIVE COMPOUNDS, LLC, Defendant-Appellee. Does 1-100, Core Supplement Technologies, Inc., Honey Badger, LLC, Myopharma, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

Decided: March 15, 2019.

Attorney(s) appearing for the Case

Kevin M. Bell , Porzio, Bromberg & Newman, PC, Washington, DC, argued for plaintiff-appellant. Also represented by Scott A. M. Chambers , Billy Dell Chism , Caroline Cook Maxwell , Richard J. Oparil ; Matthew Zapadka , Bass, Berry & Sims, PLC, Washington, DC.

Kevin John O'Shea , O'Shea Law LLC, Jackson, MO, argued for defendant-appellee.

Melissa A. Brand , Biotechnology Innovation Organization, Washington, DC, for amicus curiae Biotechnology Innovation Organization. Also represented by Hansjorg Sauer ; Brian Paul Barrett , Eli Lilly and Company, Indianapolis, IN.

Kevin Edward Noonan , McDonnell, Boehnen, Hulbert & Berghoff, LLP, Chicago, IL, for amici curiae Christopher Michael Holman, David Lund, Adam Mossoff, Kristen J. Osenga, David O. Taylor. Also represented by Aaron Vincent Ginm .

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge Reyna.

Natural Alternatives International, Inc., appeals a decision of the U.S. District Court for the Southern District of California granting Creative Compounds, LLC's motion for judgment on the pleadings that the asserted claims of U.S. Patent Nos. 5,965,596, 7,825,084, 7,504,376, 8,993,610, 8,470,865, and RE45,947 are not patent...

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