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Case: 20-1673 Document: 72 Page: 1 Filed: 10/25/2022
`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`MYLAN PHARMACEUTICALS INC.,
`Appellant
`
`v.
`
`BIOGEN MA, INC.,
`Appellee
`______________________
`
`2020-1673
`______________________
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2018-
`01403.
`
`______________________
`
`ON PETITION FOR PANEL REHEARING
`______________________
`
`Before REYNA, and HUGHES, Circuit Judges*.
`PER CURIAM.
`
`
`* Circuit Judge O’Malley, who served on the merits
`panel in this case, retired on March 11, 2022. Circuit Judge
`Reyna and Circuit Judge Hughes have acted as a quorum
`with respect to this order. See Fed. Cir. R. 47.11.
`
`
`
`
`
`

`

`Case: 20-1673 Document: 72 Page: 2 Filed: 10/25/2022
`
`
`
` 2
`
`MYLAN PHARMACEUTICALS INC. v. BIOGEN MA INC.
`
`O R D E R
` Mylan Pharmaceuticals Inc. and Biogen MA Inc. filed
`a joint status report on October 17, 2022, detailing the Su-
`preme Court’s denial of Biogen’s petition for certiorari in
`the companion case, Biogen Int’l GmbH v. Mylan Pharms.
`Inc., 18 F.4th 1333, 1346 (Fed. Cir. 2021), cert. denied, 2022
`WL 4652058, at *1 (Oct. 3, 2022). In the companion case,
`Appeal No. 1933, this court found the ’514 patent invalid
`for lack of written description under 35 U.S.C. § 112. Ac-
`cordingly, in this appeal, Appeal No. 20-1673, both parties
`agree that there is an absence of a live controversy and ask
`that this court vacate the Board’s final written decision and
`remand with instructions to dismiss the IPR. In light of
`our precedent, we agree with the parties that this appeal is
`moot and the underlying final written decision should be
`vacated. See Apple Inc. v. Voip-Pal.com, Inc., 976 F.3d 1316,
`1321 (Fed. Cir. 2020) (vacating Board decisions on patenta-
`bility and remanding with instructions to dismiss IPRs as to
`those claims because a district court’s invalidation of those
`claims rendered the appeal moot (citing United States v. Mun-
`singwear, Inc. 340 U.S. 36, 39–41 (1950))).
` Upon consideration thereof,
`
`IT IS ORDERED THAT:
`
`(1) The Board’s final written decision issued on Febru-
`ary 2, 2020 is vacated.
`
`(2) The Board is instructed to dismiss the inter partes
`petition.
`
`
`
`
`
`
`October 25, 2022
` Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`

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