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MYLAN PHARMACEUTICALS v. MERCK SHARP & DOHME CORP.

2021-2121.

50 F.4th 147 (2022)

MYLAN PHARMACEUTICALS INC., Appellant v. MERCK SHARP & DOHME CORP., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 29, 2022.

Attorney(s) appearing for the Case

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

Jeffrey A. Lamken , MoloLamken LLP, Washington, DC, argued for appellee. Also represented by Caleb Hayes-Deats , Michael Gregory Pattillo, Jr. ; Lauren F. Dayton , Mark W. Kelley , New York, NY; Stanley E. Fisher , Bruce Genderson , David M. Krinsky , Shaun Patrick Mahaffy , Charles McCloud , Williams & Connolly LLP, Washington, DC.

Before Lourie, Reyna, and Stoll, Circuit Judges.

Mylan Pharmaceuticals Inc. ("Mylan") appeals from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the "Board") holding that it failed to show that claims 1-4, 17, 19, and 21-23 of U.S. Patent 7,326,708 (the "'708 patent") were anticipated or

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