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February 28, 2011

Prosecution Cancer

Cancer Research Technology v. Barr was a bad call by panel Judges Newman and Lourie, limiting prosecution laches with a rigid rule. That case is now teed up for Supreme Court review, by a CAFC 5-5 decision not to rehear en banc. Rehearing requires a majority. The dissents in the CAFC refusal were strongly put.

Posted by Patent Hawk at February 28, 2011 11:22 AM | Prosecution