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Regeneron Pharmaceuticals, Inc. v. Merus N.V.

United States Court of Appeals, Federal Circuit

December 26, 2017

REGENERON PHARMACEUTICALS, INC., Plaintiff-Appellant
v.
MERUS N.V., Defendant-Appellee

         Appeal from the United States District Court for the Southern District of New York in No. 1:14-cv-01650-KBF, Judge Katherine B. Forrest.

         ON PETITION FOR REHEARING EN BANC

          Neal Kumar Katyal, Hogan Lovells U.S. LLP, Washington, DC, filed a petition for rehearing en banc for plaintiff-appellant. Also represented by William David Maxwell; Thomas Schmidt, New York, NY; Christopher P. Borello, Michael Enzo Furrow, Brendan M. O'Malley, Robert Seth Schwartz, Fitzpatrick, Cella, Harper & Scinto, New York, NY.

          Patricia A. Carson, Kirkland & Ellis LLP, New York, NY, filed a response to the petition for defendant-appellee. Also represented by Saunak Desai, Aaron D. Resetarits, David N. Draper; John C. O'Quinn, Washington, DC; Peter B. Silverman, Merus US, Inc., Cambridge, MA.

          Kevin Edward Noonan, McDonnell, Boehnen, Hul-bert & Berghoff, LLP, Chicago, IL, for amicus curiae Seven Chicago Patent Lawyers. Also represented by Jeffrey Palmer Armstrong, Aaron Vincent Gin, James Lee Lovsin, Jeremy E. Noe, Andrew W. Williams, Donald Louis Zuhn, Jr.

          Richard Abbott Samp, Washington Legal Foundation, Washington, DC, for amicus curiae Washington Legal Foundation.

          Edward David Manzo, Husch Blackwell LLP, Chicago, IL, for amicus curiae Intellectual Property Law Association of Chicago. Also represented by Robert H. Resis, Banner & Witcoff, Ltd., Chicago, IL.

          Melissa A. Brand, Biotechnology Innovation Organization, Washington, DC, for amicus curiae Biotechnology Innovation Organization. Also represented by Hansjorg Sauer; Brian Paul Barrett, Eli Lilly and Company, Indianapolis, IN.

          Aaron Russell Fischer, Patterson Belknap Webb & Tyler LLP, New York, NY, for amicus curiae New York Intellectual Property Law Association. Also represented by Annemarie Hassett, NYU School of Law, New York, NY; Robert Joseph Rando, The Rando Law Firm, P.C., Syosset, NY.

          Michael Edward McCabe, Jr., McCabe Law LLC, Potomac, MD, for amici curiae David Hricik, Michael Edward McCabe, Jr.

          Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges.

          ORDER

          PER CURIAM

         A combined petition for panel rehearing and rehearing en banc was filed by appellant Regeneron Pharmaceuticals, Inc., and a response thereto was invited by the court and filed by appellee Merus N.V. Several motions for leave to file amici curiae briefs were also filed and granted by the court. The petition for rehearing and amici curiae briefs were first referred to the panel that heard the appeal, and thereafter, the petition for rehearing, response, and ...


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