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Unformatted text preview: United States Court of Appeals for the Federal Circuit 2008-1352 TRIANTAFYLLOS TAFAS, Plaintiff-Appellee, and SMITHKLINE BEECHAM CORPORATION (doing business as GlaxoSmithKline), SMITHKLINE BEECHAM PLC, and GLAXO GROUP LIMITED (doing business as GlaxoSmithKline), Plaintiffs-Appellees, v. JOHN J. DOLL, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office, and UNITED STATES PATENT AND TRADEMARK OFFICE, Defendants-Appellants. Steven J. Moore , Kelley Drye & Warren LLP, of Stamford, Connecticut, argued for plaintiff-appellee Triantafyllos Tafas. With him on the brief was James E. Nealon . John M. Desmarais , Kirkland & Ellis LLP, of New York, New York, argued for plaintiffs- appellees SmithKline Beecham Corporation (doing business as GlaxoSmithKline), et al. With him on the brief were F. Christopher Mizzo , Jeffrey Bossert Clark , D. Sean Trainor , and Scott M. Abeles , of Washington, DC; and Peter J. Armenio , of New York, New York. Of counsel on the brief was Sherry M. Knowles , GlaxoSmithKline, of King of Prussia, Pennsylvania. Of counsel was William Bestani , Kirkland & Ellis LLP, of Washington, DC. James A. Toupin , General Counsel, Office of the Solicitors, United States Patent and Trademark Office, of Arlington, Virginia, argued for defendants-appellants. With him on the brief were Janet A. Gongola , William G. Jenks , Nathan K. Kelley , William LaMarca , and Jennifer M. McDowell , Associate Solicitors. Also on the brief were Carl J. Nichols , Acting Assistant Attorney General; Chuck Rosenberg , United States Attorney; and Scott R. McIntosh and Joshua Waldman , Attorneys, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC. Of counsel was Raymond T. Chen , Acting Solicitor, Office of the Solicitors, United States Patent and Trademark Office, of Arlington, Virginia. Daniel B. Ravicher , Public Patent Foundation, of New York, New York, for amici curiae Public Patent Foundation, et al. 2 Mark A. Lemley , Stanford Law School, of Stanford, California, for amici curiae Intellectual Property and Administrative Law Professors, et al. Kevin T. Kramer , Pillsbury Winthrop Shaw Pittman LLP, of Washington, DC, for amicus curiae Elan Pharmaceuticals, Inc. With him on the brief were Vincent J. Napoleon and Stephanie F. Goeller , of Washington, DC; and Scott J. Pivnick , of McLean, Virginia. Randolph D. Moss , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, for amicus curiae Pharmaceutical Research and Manufacturers of America. With him on the brief were David W. Ogden and Brian M. Boynton , of Washington, DC; Donald R. Steinberg , of Boston, Massachusetts; and Anne K. Small , of New York, New York....
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- Spring '09
- The American