NEPTUNE GENERICS, LLC v. ELI LILLY & CO.

Nos. 2018-1257, 2018-1258, 2018-1288, 2018-1290.

921 F.3d 1372 (2019)

NEPTUNE GENERICS, LLC, Fresenius Kabi USA, LLC, Appellants v. ELI LILLY & COMPANY, Appellee. Mylan Laboratories Limited, Fresenius Kabi USA, LLC, Appellants v. Eli Lilly & Company, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 26, 2019.


Attorney(s) appearing for the Case

Sarah Elizabeth Spires , Skiermont Derby LLP, Dallas, TX, argued for all appellants. Appellant Neptune Generics, LLC also represented by Paul Skiermont ; Mieke K. Malmberg , Los Angeles, CA; Joshua Harlan Harris , Neptune Generics, LLC, Chicago, IL.

Michael B. Cottler , Goodwin Procter LLP, New York, NY, for appellant Fresenius Kabi USA, LLC.

Thomas J. Parker , Alston & Bird LLP, New York, NY, for appellant Mylan Laboratories Limited. Also represented by Charles Abraham Naggar , Stephen Yang.

Adam Lawrence Perlman , Williams & Connolly LLP, Washington, DC, argued for appellee. Also represented by Galina I. Fomenkova , Dov Philip Grossman , David M. Krinsky , Andrew P. Lemens , Charles McCloud ; James Patrick Leeds , Eli Lilly and Company, Indianapolis, IN.

Before Moore, Wallach, and Hughes, Circuit Judges.


Neptune Generics, LLC, Fresenius Kabi USA, LLC, and Mylan Laboratories Ltd. ("Petitioners") appeal the Patent Trial and Appeals Board's inter partes review ("IPR") decisions holding Petitioners did not establish that claims 1-22 of U.S. Patent No. 7,772,209 are unpatentable for obviousness. Because the Board did not err in...

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