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SANOFI-AVENTIS DEUTSCHLAND GMBH v. MYLAN PHARM.

2021-1981.

66 F.4th 1373 (2023)

SANOFI-AVENTIS DEUTSCHLAND GMBH, Appellant v. MYLAN PHARMACEUTICALS INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 9, 2023.

Attorney(s) appearing for the Case

Kenneth Wayne Darby , Fish & Richardson PC, Austin, TX, argued for appellant. Also represented by Matt Colvin , Dallas, TX; Lauren Ann Degnan , Walter Karl Renner , Washington, DC; John Stephen Goetz , New York, NY.

Douglas H. Carsten , McDermott Will & Emery, Irvine, CA, argued for appellee. Also represented by Wendy L. Devine , Wilson, Sonsini, Goodrich & Rosati, PC, San Francisco, CA; Elham Firouzi Steiner , San Diego, CA; Tasha Thomas , Richard Torczon , Washington, DC.

Before Reyna, Mayer, and Cunningham, Circuit Judges.

Sanofi-Aventis Deutschland GmbH owns U.S. Patent No. RE47,614 ("the '614 patent"). Mylan Pharmaceuticals Inc. petitioned the Patent Trial and Appeal Board ("Board") for inter partes review of claims 1-18 of the '614 patent. In its final written decision, the Board found all challenged claims unpatentable as obvious over...

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