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IMMUNEX CORP. v. SANOFI-AVENTIS U.S. LLC

2019-1749, 2019-1777.

977 F.3d 1212 (2020)

IMMUNEX CORPORATION, Appellant v. SANOFI-AVENTIS U.S. LLC, Genzyme Corporation, Regeneron Pharmaceuticals, Inc., Cross-Appellants Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: October 13, 2020.

Attorney(s) appearing for the Case

Eldora Ellison , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for appellant. Also represented by David Holman , David William Roadcap , Jon Wright .

Lauren Fornarotto , McKool Smith, P.C., New York, NY, argued for cross-appellants. Also represented by John Franklin Garvish, II , Matthew Cameron , Geoffrey Smith , Joel Lance Thollander , Austin, TX; Eric Sorensen Hansen , Mike McKool , Dallas, TX; Noah Samuel Frank , George W. Hicks, Jr. , Nathan S. Mammen , Kirkland & Ellis LLP, Washington, DC.

Frances Lynch , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Sarah E. Craven , Thomas W. Krause , Farheena Yasmeen Rasheed .

Before Prost, Chief Judge, Reyna and Taranto, Circuit Judges.

This is a consolidated appeal from two Patent Trial and Appeal Board ("Board") decisions in inter partes reviews ("IPRs") of U.S. Patent No. 8,679,487 ("the '487 patent"), owned by Immunex Corp. ("Immunex"). Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc. (collectively, "Sanofi") challenged the '487...

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