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By Jeff Ginsberg and Dorothy LeRay

Federal Circuit Vacates Lack of Written Description Ruling In Interference

On June 27, 2017, a Federal Circuit panel of Judges O'Malley, Reyna, and Chen issued a unanimous opinion, authored by Judge O'Malley, in Bd. of Trs. of the Leland Stanford Junior Univ. v. Chinese Univ. of H.K., 860 F.3d 1367 (Fed. Cir. 2017). Because the Patent Trial and Appeal Board (PTAB) did not support its decision of unpatentability for lack of written description with substantial evidence, the panel vacated the decision and remanded for further proceedings.

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