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TEVA PHARMA. INT'L GMBH v. ELI LILLY AND CO.

2020-1747, 2020-1748, 2020-1750.

8 F.4th 1349 (2021)

TEVA PHARMACEUTICALS INTERNATIONAL GMBH, Appellant v. ELI LILLY AND COMPANY, 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.

Decided: August 16, 2021.

Attorney(s) appearing for the Case

William M. Jay , Goodwin Procter LLP, Washington, DC, argued for appellant. Also represented by Elaine Blais , Edwina Clarke , Alexandra Lu , Boston, MA; Natasha Elise Daughtrey , Los Angeles, CA; William Milliken , Deborah Sterling , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC.

William Barrett Raich , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for appellee. Also represented by Charles Collins-Chase , Pier DeRoo , Erin Sommers , Yieyie Yang ; Sanjay M. Jivraj , Mark Stewart , Eli Lilly and Company, Indianapolis, IN.

Monica Barnes Lateef , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Thomas W. Krause , Brian Racilla , Farheena Yasmeen Rasheed .

Before Lourie, Bryson, and O'Malley, Circuit Judges.

Teva Pharmaceuticals International GmbH ("Teva") appeals from a combined final written decision of the U.S. Patent and Trademark Office ("PTO") Patent Trial and Appeal Board ("Board") holding that the claims of U.S. Patents 9,340,614 ("'614 patent"), 9,266,951 ("'951 patent"), and 9,890,210 ("'210 patent") are unpatentable...

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