BIOGEN INTERNATIONAL GMBH v. MYLAN PHARMACEUTICALS

2020-1933.

28 F.4th 1194 (2022)

BIOGEN INTERNATIONAL GMBH, Biogen MA, Inc., Plaintiffs-Appellants, v. MYLAN PHARMACEUTICALS INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Filed: March 16, 2022.


Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, filed a petition for panel rehearing and rehearing en banc for plaintiffs-appellants. Also represented by Annaleigh E. Curtis , Madeleine C. Laupheimer , Lisa Jon Pirozzolo ; Scott G. Greene , New York, NY; Thomas Saunders , Washington, DC; Paul William Browning , J. Michael Jakes , James B. Monroe , Jason Lee Romrell , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC.

Nathan K. Kelley , Perkins Coie LLP, Washington, DC, filed a response to the petition for defendant-appellee. Also represented by Shannon Bloodworth , Brandon Michael White ; David Lee Anstaett , Andrew Dufresne , Emily Jane Greb , Madison, WI; Dan L. Bagatell , Hanover, NH; Matthew Greinert , Viatris Inc., Canonsburg, PA.

Ha Kung Wong , Venable LLP, New York, NY, for amicus curiae Biotechnology Innovation Organization. Also represented by Katherine Adams .

James C. Carver , The Carver Law Firm, Baton Rouge, LA, for amicus curiae Chemistry and The Law Division of the American Chemical Society.

Jeffrey Paul Kushan , Sidley Austin LLP, Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America. Also represented by Mary T. Hannon , Steven J. Horowitz , Chicago, IL; David Evan Korn , Pharmaceutical Research and Manufacturers of America, Washington, DC.

Lourie, Circuit Judge, with whom Moore, Chief Judge, and Newman, Circuit Judge, join, dissents from the denial of the petition for rehearing en banc.


ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

ORDER

Biogen International BmbH and Biogen MA, Inc. filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by Mylan Pharmaceuticals Inc. The court also accepted amicus briefs filed by Biotechnology...

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