President & Fellows of Harvard College v. Lee

MOORE, Circuit Judge.

The President and Fellows of Harvard College and E.I. du Pont de Nemours and Company (collectively, Harvard) appeal from the district court’s grant of summary judgment affirming the United States Patent and Trademark Office’s (PTO) finding that U.S. Patent No. 5,925,803 had expired as a result of a terminal disclaimer and refusal to enter new claims during the reexamination of the patent on that basis. Because the district court properly found that the PTO’s determination that the patent had expired was not arbitrary, capricious, an abuse of discretion, or contrary to…