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« Examination of Myriad-Mayo Guidance Comments -- University Community Joint Comment | Main | Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary? »

October 29, 2014

Comments

"Judge Moore's opinion also relied on deference from the reviewing court to the trial court..."

Not quite. Judge Moore noted (slip op. at 4-5) that the *trial court's* ruling is reviewed de novo. The deference in arbitrary and capricious review is not to the trial court, but to the administrative agency, in this case the PTO.

Thanks for catching that, GrzeszDeL

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