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IDENIX PHARMACEUTICALS LLC v. GILEAD SCIENCES INC.

2018-1691.

941 F.3d 1149 (2019)

IDENIX PHARMACEUTICALS LLC, Universita Degli Studi Di Cagliari, Plaintiffs-Appellants v. GILEAD SCIENCES INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 30, 2019.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, Washington, DC, argued for plaintiffs-appellants. Also represented by Jennifer Loraine Swize ; Lisa Lynn Furby , Chicago, IL; Calvin Griffith , Ryan Boyd McCrum , Cleveland, OH; Anthony Insogna , San Diego, CA; Jeffrey A. Lamken , Sarah Justine Newman , Michael Gregory Pattillo, Jr. , MoloLamken LLP, Washington, DC.

E. Joshua Rosenkranz , Orrick, Herrington & Sutcliffe LLP, New York, NY, argued for defendant-appellee. Also represented by Edmund Hirschfeld ; Elizabeth Moulton , Menlo Park, CA; Brian Philip Goldman , San Francisco, CA; Eric Shumsky , Washington, DC; Frank Scherkenbach , Fish & Richardson, PC, Boston, MA; Craig E. Countryman , W. Chad Shear , Jonathan Elliot Singer , San Diego, CA.

Dissenting opinion filed by Circuit Judge Newman.

Idenix Pharmaceuticals LLC and Universita Degli Studi Di Cagliari (collectively, "Idenix") appeal from the decision of the U.S. District Court for the District of Delaware granting judgment as a matter of law ("JMOL") against Idenix and finding that U.S. Patent No. 7,608,597 is invalid for lack of enablement. Idenix Pharm...

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