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CELGENE CORP. v. PETER

2018-1167, 2018-1168, 2018-1169 2018-1171.

931 F.3d 1342 (2019)

CELGENE CORPORATION, Appellant v. Laura A. PETER, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office, Intervenor. Celgene Corporation, Appellant v. Laura A. Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: July 30, 2019.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, Washington, DC, argued for appellant. Also represented by Jihong Lou , Jennifer Loraine Swize ; Gasper LaRosa , New York, NY; Anthony Insogna , San Diego, CA; Frank Charles Calvosa , F. Dominic Cerrito , Andrew Chalson , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY.

Amy J. Nelson , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Meredith Hope Schoenfeld , Thomas W. Krause . Also argued by Katherine Twomey Allen , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC. Also represented by Mark R. Freeman , Scott R. Mcintosh , Joseph H. Hunt .

Before Prost, Chief Judge, Bryson and Reyna, Circuit Judges.

The Coalition for Affordable Drugs VI LLC ("CFAD") filed a petition for inter partes review ("IPR") challenging the validity of all of the claims of U.S. Patent No. 6,045,501 ("the '501 patent") and three petitions for IPR challenging the validity of all of the claims of U.S. Patent No. 6,315,720 ("the '720 patent"). The...

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