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KAKEN PHARMACEUTICAL CO., LTD. v. IANCU

2018-2232.

952 F.3d 1346 (2020)

KAKEN PHARMACEUTICAL CO., LTD., Bausch Health Companies Inc., Appellants, v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: March 13, 2020.

Attorney(s) appearing for the Case

John D. Livingstone , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Atlanta, GA, argued for appellants. Also represented by Jeffrey Jacobstein , Boston, MA; Samhitha Medatia , Anthony a. Hartmann , Cora Renae Holt , Barbara Rudolph , Washington, DC.

Nicholas Theodore Matich, IV , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Thomas W. Krause , William Lamarca , Robert J. McManus , Brian Racilla , Farheena Yasmeen Rasheed .

Before Newman, O'Malley, and Taranto, Circuit Judges.

U.S. Patent No. 7,214,506 describes and claims methods for topically treating fungal infections in human nails. The parties here treat Kaken Pharmaceutical Co. and Bausch Health Companies Inc. (together, Kaken) as the patent owner. Acrux Limited and Acrux DDS Pty. Ltd. (together...

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