Brigham and Women's Hospital, v. Perrigo Company, No. 17-1950 (Fed. Cir. Feb. 28, 2019)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Perrigo Company and L. Perrigo Company (collec- tively, “Perrigo”) appeal from the order of the U.S. District Court for the District of Massachusetts denying judgment of invalidity as a matter of law of U.S. Patent 5,229,137 (the “’137 patent”) on the basis of anticipation and obvious- ness. Brigham & Women’s Hosp., Inc. v. Perrigo Co. , 280 F. Supp. 3d 192, 205– 06 (D. Mass. 2017) (“ Decision”). Brigham and Women’s Hospital, Inc. and Investors Bio - Tech, L.P.