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March 14, 2011

Usurpation

The CAFC refused to correct its intrusion into state contract law, spurning an en banc rehearing petition of Abraxis Bioscience v. Navinta. Judge Newman, who dissented in the panel decision, did so again, joined by the newest member of the CAFC, Judge O'Malley, who penned the dissent this time. Welcome, Judge O'Malley.

Posted by Patent Hawk at March 14, 2011 11:54 PM | Case Law