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GENENTECH, INC. v. SANDOZ INC.

2022-1595.

55 F.4th 1368 (2022)

GENENTECH, INC., InterMune, Inc., Plaintiffs-Appellants v. SANDOZ INC., Lek Pharmaceuticals, D.D., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: December 22, 2022.

Attorney(s) appearing for the Case

Daralyn Jeannine Durie , Durie Tangri LLP, San Francisco, CA, argued for plaintiffs-appellants. Also represented by Kathleen Gersh , Ryan Neil Hagglund , Warren K. MacRae , Mark Edward Waddell , Loeb & Loeb LLP, New York, NY; Dan Liu , Los Angeles, CA.

William M. Jay , Goodwin Procter LLP, Washington, DC, argued for defendants-appellees. Also represented by Edwina Clarke , Emily L. Rapalino , Daryl L. Wiesen , Boston, MA; Natasha Elise Daughtrey , Los Angeles, CA.

Circuit Judge Newman dissents without opinion.

Genentech, Inc. and InterMune, Inc. (collectively, "Genentech") appeal from a decision of the United States District Court for the District of Delaware holding that: (1) the claims of its Liver Function Test ("LFT") patents1 are unpatentable as obvious...

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