Japanese Foundation for Cancer Research v. Lee
Court of Appeals for the Federal Circuit
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,…
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