`
`Document:67
`
`Page:1_
`
`Filed: 02/03/2023
`
`NOTE: This order is nonprecedential.
`
`GAnited States Court of Appeals
`for the federal Circuit
`
`MYLAN PHARMACEUTICALSINC.,
`Appellant
`
`Vv.
`
`MERCK SHARP & DOHME CORP.,
`Appellee
`
`2021-2121
`
`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2020-
`00040.
`
`ON PETITION FOR PANEL REHEARING AND
`REHEARING EN BANC
`
`Before MOORE, Chief Judge, NEWMAN, LOURIE, DYK,
`PROST, REYNA, TARANTO, CHEN, HUGHES, STOLL,
`CUNNINGHAM,and STARK, Circuit Judges.
`
`PER CURIAM.
`
`ORDER
`
`Mylan Pharmaceuticals Inc. filed a combinedpetition
`for panel rehearing and rehearing en banc. A response to
`
`
`
`
`
`Case: 21-2121 Page:2_Filed: 02/03/2023Document:67
`
`
`
`2
`
`MYLAN PHARMACEUTICALSINC. v.
`MERCK SHARP & DOHME CORP.
`
`the petition was invited by the court and filed by Merck
`Sharp & Dohme Corp. The petition was referred to the
`panel that heard the appeal, and thereafter the petition for
`rehearing en banc wasreferred to the circuit judges who
`are in regularactive service.
`
`Uponconsideration thereof,
`
`IT IS ORDERED THAT:
`
`Thepetition for panel rehearingis denied.
`
`The petition for rehearing en bancis denied.
`
`The mandate of the court will issue February 10, 2023.
`
`February 3, 2023
`Date
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`