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PRESIDENT AND FELLOWS OF HARVARD COLLEGE v. LEE

No. 2013-1628.

PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Plaintiff-Appellant, AND E.I. DU PONT DE NEMOURS AND CO., Plaintiff-Appellant, v. MICHELLE K. LEE, Deputy Director, United States Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 29, 2014.

Attorney(s) appearing for the Case

DONALD R. DUNNER , Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant E.I. DuPont de Nemours and Company. With him on the brief were RONALD A. BLEEKER and ANDREW J. VANCE . Of counsel on the brief for plaintiff-appellant President and Fellows of Harvard College was CHRISTOPHER B. MEAD , London & Mead, of Washington, DC.

DENNIS C. BARGHAAN, JR. , Assistant U.S. Attorney, United States Attorney's Office, Eastern District of Virginia, United States Department of Justice, of Alexandria, Virginia, argued for defendant-appellee. With him on the brief was DANA J. BOENTE , United States Attorney. Of counsel on the brief were NATHAN K. KELLEY , Solicitor, MEREDITH H. SCHOENFELD , and MARY L. KELLY , Associate Solicitors, United States Patent and Trademark Office, of Alexandria, Virginia.

Before LOURIE, MOORE, and O'MALLEY, Circuit Judges.

This disposition is nonprecedential.

MOORE, Circuit Judge.

The President and Fellows of Harvard College and E.I. du Pont de Nemours and Company (collectively, Harvard) appeal from the district court's grant of summary judgment affirming the United States Patent and Trademark Office's (PTO) finding that U.S. Patent No. 5,925,803 had expired as a result of a terminal disclaimer and refusal to enter new claims during the reexamination of the patent on that...

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