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OSI PHARMACEUTICALS, LLC v. APOTEX INC.

2018-1925.

939 F.3d 1375 (2019)

OSI PHARMACEUTICALS, LLC, Appellant v. APOTEX INC., Apotex Corp., Apotex Pharmaceuticals Holdings Inc., Apotex Holdings Inc., Appellees. United States, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: October 4, 2019.

Attorney(s) appearing for the Case

Thomas Saunders , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for appellant. Also represented by Amy K. Wigmore , Amanda L. Major ; Emily R. Whelan , Kevin M. Yurkerwich , Boston, MA.

William Blake Coblentz , Cozen O'Connor, Washington, DC, argued for appellees. Also represented by Barry P. Golob , Aaron S. Lukas , Kerry Brendan McTigue .

Dennis Fan , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Katherine Twomey Allen , Joseph H. Hunt , Scott R. McIntosh ; Thomas W. Krause , Joseph Matal , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Newman, Taranto, and Stoll, Circuit Judges.

OSI Pharmaceuticals, LLC appeals the decision of the Patent Trial and Appeal Board holding claims 44-46 and 53 of U.S. Patent No. 6,900,221 unpatentable as obvious. We conclude that the Board's finding of reasonable expectation of success is not supported by substantial evidence and reverse the Board's obviousness determination...

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