NOTE: This disposition is nonprecedential. United States Court of Appeals
for the Federal Circuit
ARCH DEVELOPMENT CORPORATION, DANA-
FARBER CANCER INSTITUTE, INC.,
Appellants
v.
OSI PHARMACEUTICALS, LLC, GENENTECH,
INC.,
Appellees
UNITED STATES,
Intervenor
2018-1485
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016-01034.
JUDGMENT
PETER A. SULLIVAN, Foley Hoag LLP, New York, NY, argued for appellants. Also represented by STEPHEN KENNY; DEANN FORAN SMITH, Boston, MA. BRIAN ROBERT MATSUI, Morrison & Foerster LLP,
2Washington, DC, argued for all appellees. Appellee Genentech, Inc. also represented by SETH W. LLOYD; MATTHEW A. CHIVVIS, MATTHEW IAN KREEGER, San Francisco, CA. THOMAS SAUNDERS, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for appellee OSI Pharmaceuticals, LLC. Also represented by DAVID LANGDON CAVANAUGH, AMANDA L. MAJOR, HEATHER M. PETRUZZI, AMY K. WIGMORE; TIMOTHY ANDREW COOK, EMILY R. WHELAN, Boston, MA. KATHERINE TWOMEY ALLEN, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by MARK R. FREEMAN, SCOTT R. MCINTOSH, JOSEPH H. HUNT; THOMAS W. KRAUSE, JOSEPH MATAL, FARHEENA YASMEEN RASHEED, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
BRYSON, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
May 9, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court