Salix Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., No. 17-2636 (Fed. Cir. June 12, 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.

This case arises from two parallel proceedings involv- ing U.S. Patent No. 8,865,688 (“the ’688 patent ”), which is owned by Dr. Falk Pharma GmbH (“Dr. Falk”) and exclu- sively licensed to Salix Pharmaceuticals, Inc. (“Salix”). Dr. Falk appeals from a final written decision of the U.S. Pa- tent Trial and Appeal Board (“Board”) finding that Mylan DR. FALK PHARMA GMBH v.