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AMGEN INC. v. COHERUS BIOSCIENCES INC.

2018-1993.

931 F.3d 1154 (2019)

AMGEN INC., Amgen Manufacturing Ltd., Plaintiffs-Appellants, v. COHERUS BIOSCIENCES INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 29, 2019.

Attorney(s) appearing for the Case

Nicholas P. Groombridge , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, argued for plaintiffs-appellants. Also represented by Jennifer Gordon , Golda Lai , Peter Sandel , Jacob Whitt , Jennifer H. Wu ; Lois M. Kwasigroch , Kimberlin L. Morley , Wendy A. Whiteford , Amgen Inc., Thousand Oaks, CA.

Adam G. Unikowsky , Jenner & Block LLP, Washington, DC, argued for defendant-appellee. Also represented by Bradford Peter Lyerla , Aaron A. Barlow , Louis Fogel , Susan O'Brien , Chicago, IL.

Before Reyna, Hughes, and Stoll, Circuit Judges.

Amgen Inc. and Amgen Manufacturing Ltd. (collectively, "Amgen") sued Coherus BioSciences Inc. for patent infringement in the District of Delaware. The district court dismissed Amgen's complaint for failure to state a claim, and Amgen appeals. Because prosecution history estoppel bars Amgen from succeeding on its infringement...

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