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CAFC Weekly: July 16, 2010

by Orlando Lopez

Although there were no precedential opinions this week, the order on Avid Identification Systems v. The Crystal Import Corporation is definitely of interest.  The CAFC denied Avid’s petition for rehearing and rehearing en banc, as well as Avid’s motion to join in the pending en banc review of Therasense. Judge Newman’s dissent underscores the differences within the CAFC in regards to inequitable conduct.  The end result of the order is that, as we have previously stated, the decision in the en banc rehearing of Therasense will not affect the expansion of the definition of “persons involved” resulting from Avid.

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