NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, Appellant

v.

ELI LILLY AND COMPANY, Appellee ______________________

2017-2397 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2016- 00458. ______________________

JUDGMENT ______________________

BONNIE WEISS MCLEOD, Cooley LLP, Washington, DC, argued for appellant. Also represented by JAMES WHITTLE; JONATHAN GARWOOD GRAVES, Reston, VA; SUSAN KRUMPLITSCH, Palo Alto, CA.

MATTHEW AARON KUDZIN, Covington & Burling LLP, Washington, DC, argued for appellee. Also represented by JEREMY D. COBB, MICHAEL N. KENNEDY, GEORGE FRANK PAPPAS. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, WALLACH, and HUGHES, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

September 17, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court