MYLAN LABORATORIES v. JANSSEN PHARMACEUTICA, N.V.

2021-1071.

989 F.3d 1375 (2021)

MYLAN LABORATORIES LTD., Appellant v. JANSSEN PHARMACEUTICA, N.V., Appellee. Andrew Hirshfeld, Performing the Functions and Duties of the 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.

March 12, 2021.


Attorney(s) appearing for the Case

Deepro Mukerjee , Katten Muchin Rosenman LLP, New York, NY, argued for appellant. Also represented by Lance Soderstrom ; Johnjerica Hodge , Eric Thomas Werlinger , Washington, DC; Jitendra Malik , Charlotte, NC.

Pratik A. Shah , Akin Gump Strauss Hauer & Feld LLP, Washington, DC, argued for appellee. Also represented by Z.W. Julius Chen ; Ruben H. Munoz , Philadelphia, PA; Andrew D. Cohen , Barbara Mullin , Patterson Belknap Webb & Tyler LLP, New York, NY.

Melissa N. Patterson , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Weili J. Shaw ; Michael S. Forman , Mary L. Kelly , Thomas W. Krause , Farheena Yasmeen Rasheed , Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Newman, Moore, and Stoll, Circuit Judges.


ORDER

Mylan Laboratories Ltd. appeals a Patent Trial and Appeal Board (Board) decision that denied institution of inter partes review (IPR) for U.S. Patent No. 9,439,906. Mylan Labs. Ltd. v. Janssen Pharmaceutica, N.V., No. IPR2020-00440, 2020 WL 5580472 (P.T.A.B. Sept. 16, 2020) (Board Decision<...

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