Fed. Circ. Won't Rehear Merck Temodar Patent Case
A three-judge panel of the U.S. Court of Appeals for the Federal Circuit's decision improperly weakened the U.S. Supreme Court’s legal test for prosecution laches by requiring evidence of intervening rights, Judge Sharon Prost wrote in an opinion for five dissenting judges.
Consequently, it encourages applicants to keep prosecution open and reshape their claims to...
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