Japanese Foundation v. Lee, No. 13-1678 (Fed. Cir. Dec. 9, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

The United States Patent and Trademark Office (“PTO”) appeals from the decision of the United States District Court for t he Eastern District of Virginia grant- ing the Japanese Foundation for Cancer Research’s (“the Foundation”) cross -motion for summary judgment that the PTO acted arbitrarily and capriciously, and abused its discretion, when it refused to withdraw the terminal disclaimer on U.S. Patent No. 6,194,187 (“ ’187 patent”). For the reasons stated below, we reverse.