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IBSA INSTITUT BIOCHIMIQUE, S.A. v. TEVA PHARM. USA

2019-2400.

966 F.3d 1374 (2020)

IBSA INSTITUT BIOCHIMIQUE, S.A., Altergon, S.A., IBSA Pharma Inc., Plaintiffs-Appellants v. TEVA PHARMACEUTICALS USA, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 31, 2020.

Attorney(s) appearing for the Case

Ryan Johnson , Fenwick & West LLP, New York, NY, argued for plaintiffs-appellants. Also represented by Jeffrey J. Oelke , Laura Moran ; Erica Ruth Sutter , Mountain View, CA.

John Christopher Rozendaal , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for defendant-appellee. Also represented by Kristina Caggiano Kelly , Michael E. Joffre , Deirdre M. Wells .

Before PROST, Chief Judge, REYNA and HUGHES, Circuit Judges.

IBSA Institut Biochimique, S.A., Altergon, S.A., and IBSA Pharma Inc. (collectively, "IBSA") appeal a decision by the United States District Court for the District of Delaware holding claims 1, 2, 4, and 7-9 of U.S. Patent No. 7,723,390 ("the '390 patent") invalid as indefinite under 35 U.S.C. § 112. See IBSA Institut...

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