Legal Opinion

Japanese Foundation for Cancer Research v. Lee

Court of Appeals for the Federal Circuit

Decided December 9, 2014No. 2013-1678, 2014-1014PublishedCited by 9 opinions

1Opinion of the Court

PROST, Chief Judge.

The United States Patent and Trademark Office (“PTO”) appeals from the decision of the United States District Court for the Eastern District of Virginia granting the Japanese Foundation for Cancer Research’s (“the Foundation”) cross-motion for summary judgment that the PTO acted arbitrarily and capriciously, and abused its discretion, when it refused to withdraw the terminal disclaimer on U.S. Patent No. 6,194,187 (“'187 patent”). For the reasons stated below, we reverse.

I

The '187 patent was issued and assigned to the Foundation on February 27, 2001. On October 11, 2011,…

2Cases cited16 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  4. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  5. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978

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3Cited by9 opinions

  1. Unwired Planet, LLC v. Google Inc.Court of Appeals for the Federal Circuit · 2016
  2. Nippon Shinyaku Co. v. IancuCourt of Appeals for the D.C. Circuit · 2019
  3. Daiichi Sankyo Company v. LeeCourt of Appeals for the Federal Circuit · 2015
  4. Currax Pharmaceuticals LLC v. OptiNose ASCourt of Chancery of Delaware · 2021
  5. Diamond Art Club, LLC v. Coke Morgan Stewart et al.District Court, E.D. Virginia · 2026

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