Halozyme, Inc. v. Lee

Filing 173

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

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.