Harvard Sues USPTO For Invalidating Mice-Testing Patent

Law360, New York (September 17, 2012, 9:18 PM EDT) -- Harvard University on Friday brought a suit against the U.S. Patent and Trademark Office in Virginia federal court, alleging that the office has wrongly declared that the university's transgenic mice-testing patent has expired.

Harvard entered the case with E. I. du Pont de Nemours and Co., the exclusive licensee of the patent-in-suit, saying that after a third party requested ex parte re-examination of its patent in 2010, the USPTO declared that the patent had expired because of a terminal disclaimer — used to avoid double patenting...
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