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GENENTECH, INC. v. HOSPIRA, INC.

2018-1933.

946 F.3d 1333 (2020)

GENENTECH, INC., Appellant v. HOSPIRA, INC., Appellee United States, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: January 10, 2020.

Attorney(s) appearing for the Case

Thomas S. Fletcher , Williams & Connolly LLP, Washington, DC, argued for appellant. Also represented by Paul B. Gaffney , Eden Schiffmann , Jonathan Sidhu .

Thomas J. Meloro , Willkie Farr & Gallagher LLP, New York, NY, argued for appellee. Also represented by Alexandra Awai , Michael Johnson .

Courtney Dixon , 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.

Dissenting opinion filed by Circuit Judge Newman.

Genentech, Inc. appeals from the final written decision of the United States Patent and Trademark Office (Patent Office) Patent Trial and Appeal Board (the Board) holding claims 1-3 and 5-11 of U.S. Patent 7,807,799 (the '799 patent) unpatentable as anticipated or obvious. See Genentech, Inc. v. Hospira, Inc., No. IPR2016...

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