obvIPat - Obviously Patentable

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CAFC Weekly: Week of March 4, 2011

by Orlando Lopez

There was only one precendential patent related order this week, Cancer Research Technology Ltd. v. Barr Laboratories, Inc.  In a split vote, with five judges dissenting, the CAFC denied the petition for rehearing en banc filed by Barr.  In the prior opinion, the CAFC panel reversed the District Court decision of unenforceability due to prosecution laches since Barr did not suffer material prejudice attributable to the delay.”  The dissent objected to the denial of rehearing en banc since the prior opinion narrows the doctrine of prosecution laches.

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