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MAYNE PHARMA INT'L PTY. v. MERCK SHARP & DOHME

2018-1593.

927 F.3d 1232 (2019)

MAYNE PHARMA INTERNATIONAL PTY. LTD., Appellant v. MERCK SHARP & DOHME CORP., Appellee. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: June 21, 2019.

Attorney(s) appearing for the Case

Jacques Semmelman , Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY, argued for appellant. Also represented by Eliot Lauer , Nicole Maria Mazanitis ; Thomas K. Hedemann , Axinn Veltrop Harkrider, LLP, Hartford, CT; Jason Murata , Axinn, Veltrop & Harkrider LLP, San Francisco, CA; Teresa Stanek Rea , Crowell & Moring, LLP, Washington, DC.

Jennifer Loraine Swize , Jones Day, Washington, DC, argued for appellee. Also represented by Jane M. Love , Robert Trenchard , Gibson, Dunn & Crutcher LLP, New York, NY.

Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Thomas W. Krause , Kakoli Caprihan , Frances Lynch , Joseph Matal .

Before Lourie, Dyk, and O'Malley, Circuit Judges.

Mayne Pharma International Pty. Ltd. ("Mayne") appeals from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board ("the Board") in an inter partes review, concluding that claims 2, 6, and 9-14 of U.S. Patent 6,881,745 ("the '745 patent") are unpatentable as anticipated or obvious...

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