Halozyme, Inc. v. Lee, No. 1:2016cv01580 - Document 173 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 7/31/2018. (rban, )

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Halozyme, Inc. v. Lee Doc. 173 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division HALOZYME, INC., Plaintiff, Civil Action No. l:16-cv-1580 V. ANDREI lANCU, Defendant. MEMORANDUM OPINION THIS MATTER comes before the Court on Plaintiff Halozyme, Inc.'s ("Halozyme") Complaint pursuant to 35 U.S.C. § 145, seeking reversal of a patent rejection decision issued by the United States Patent and Trademark Office ("USPTO"). I. Background Halozyme brought this action pursuant to 35 U.S.C. § 145, challenging a final decision issued by the USPTO's Patent Trial and Appeal Board (the "Board") which affirmed the rejections of claims in U.S. application"). Patent The claims Application were 11/238,171 rejected on four ("the ^171 independent grounds: • unpatentable ("ODP") over 7,767,429 under obviousness-type double pantenting claims ("the M29 9 and 10 patent") of in U.S. view Patent of the No. U.S. Dockets.Justia.com

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