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

2020-1876, 2020-1877, 2020-1878.

8 F.4th 1331 (2021)

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

United States Court of Appeals, Federal Circuit.

Decided: August 16, 2021.


Attorney(s) appearing for the Case

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

William M. Jay , Goodwin Procter LLP, Washington, DC, argued for appellee. 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.

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


Eli Lilly and Company ("Lilly") 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 8,586,045 ("'045 patent"), 9,884,907 ("'907 patent"), and 9,884,908 ("'908 patent") are not unpatentable as obvious....

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