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‘The Federal Circuit Has Strayed’: 2017 In Patent Dissents

Law360 (February 20, 2018, 9:04 PM EST) -- The Federal Circuit was in a mostly agreeable mood last year, with only 7 percent of decisions including a dissent or concurrence compared with 10 percent in 2016, but the judges still found plenty of ways to criticize their colleagues’ reasoning. Here are some of 2017’s most biting and noteworthy dissents.

‘Time to Remedy Our Inconsistent Treatment’

Judge Pauline Newman, long the Federal Circuit’s most pointed and prolific dissenter, took her colleagues to task in Merck Sharp & Dohme Corp. v. Hospira Inc. in October for...
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