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ENZO LIFE SCIENCES, INC. v. BECTON, DICKINSON AND COMPANY

Nos. 2018-1232, 2018-1233.

ENZO LIFE SCIENCES, INC., Appellant, v. BECTON, DICKINSON AND COMPANY, Appellee. UNITED STATES, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: August 16, 2019.

Attorney(s) appearing for the Case

JUSTIN P.D. WILCOX , Desmarais LLP, New York, NY, argued for appellant. Also represented by KERRI-ANN LIMBEEK , KEVIN KENT McNISH .

THOMAS SAUNDERS , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for appellee. Also represented by WILLIAM G. McELWAIN , HEATHER M. PETRUZZI ; NANCY SCHROEDER , Los Angeles, CA; OMAR KHAN , New York, NY.

DENNIS FAN , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by KATHERINE TWOMEY ALLEN , SCOTT R. McINTOSH , JOSEPH H. HUNT ; THOMAS W. KRAUSE , JOSEPH MATAL , FARHEENA YASMEEN RASHEED , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before LOURIE, O'MALLEY, and CHEN, Circuit Judges.

NOTE: This disposition is nonprecedential.

Enzo Life Sciences, Inc. appeals from two final written decisions of the United States Patent and Trademark Office ("PTO") Patent Trial and Appeal Board ("the Board") holding various claims of U.S. Patent 7,064,197 ("the '197 patent") unpatentable as anticipated or obvious...

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