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September 14, 2008

Comments

I believe the second patent number for University of Iowa is actually 5,385,839, although the number listed in your report (...285...) is the same as in their complaint. Whoopsy-daisy!

Also, in addition to needing to amend their complaint, I would suggest that the University of Iowa take a look at whether they might need to file a terminal disclaimer over the first patent, if they haven't done so already.

Pokey Puppy:

Thanks for catching the error in the complaint. The post has been updated accordingly.

Don

Pokey Puppy:

With respect to filing a terminal disclaimer, it appears from the USPTO patent full-text database that the patentees have already done so.

Don

Good catch, Pokey Puppy. U Iowa did identify and submit copies of the correct patents with their complaint, and the notice sent to the USPTO also reflects the correct patents. Nevertheless, their complaint does indeed appear to be erroneous.

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