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ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC

2020-2331.

28 F.4th 265 (2022)

ALMIRALL, LLC, Appellant, v. AMNEAL PHARMACEUTICALS LLC, Amneal Pharmaceuticals of New York, LLC, Appellees. 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: March 14, 2022.

Attorney(s) appearing for the Case

James Trainor , Fenwick & West LLP, New York, NY, argued for appellant. Also represented by Adam Gahtan , Richard Shea ; Elizabeth B. Hagan , Seattle, WA.

Dennies Varughese , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for appellees. Also represented by Kristina Caggiano Kelly , Adam Larock .

Robert J. Mcmanus , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Benjamin T. Hickman , Thomas W. Krause , Farheena Yasmeen Rasheed .

Before Lourie, Chen, and Cunningham, Circuit Judges.

Almirall, LLC ("Almirall") appeals from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the "Board") holding that claims 1-8 of U.S. Patent 9,517,219 (the "'219 patent") would have been obvious over the cited prior art at the time the alleged invention was made.

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