THE MEDICINES COMPANY, Plaintiff-Appellee, v. David J. KAPPOS, Undersecretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, United States Patent and Trademark Office, Margaret A. Hamburg, Commissioner, United States Food and Drug Administration, United States Food and Drug Administration, Kathleen Sebelius, Secretary of Health and Human Services, and Department of Health and Human Services, Defendants, v. App Pharmaceuticals, LLC, Movant-Appellant, and United States, Intervenor