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« Iron Gate Security, Inc. v. Lowe's Companies, Inc. (S.D.N.Y. 2016) | Main | Webinar on Leveraging USPTO Examiner Count System »

September 22, 2016

Comments

Only one problem. In addition to some correct amino acids, the German priority document disclosed at least one wrong amino acid and in addition, because they could not be determined, hundreds of thousands of possibilities for the remaining amino acids of the N-terminal sequence in the '915. But what is worst, none of the three judges had any significant patent experience, nor any scientific experience necessary for a complicated protein case. This was clear when one of the judges referred to a decision by the CAFC by explaining that the decision said XYZ, while in reality the decision was exactly the opposite of what the judge said. There used to be a time where the CAFC got it right most of the times. Not anymore!

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