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JAPANESE FOUNDATION FOR CANCER RESEARCH v. LEE

Nos. 2013-1678, 2014-1014.

773 F.3d 1300 (2014)

JAPANESE FOUNDATION FOR CANCER RESEARCH, Plaintiff-Cross-Appellant, v. Michelle K. LEE, Deputy Director, U.S. Patent and Trademark Office, in her official capacity as Deputy Under Secretary of Commerce for Intellectual Property and United States Patent and Trademark Office, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

December 9, 2014.

Attorney(s) appearing for the Case

Michael J. Lockerby , Foley & Lardner LLP, of Washington, DC, argued for plaintiff-cross-appellant.

Adam C. Jed , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellants. With him on the brief were Stuart F. Delery , Assistant Attorney General, Dana J. Boente , Acting United States Attorney; and Nathan K. Kelley , Solicitor, United States Patent and Trademark Office. Of counsel were Mark R. Freeman , Attorney, and David Moskowitz , United States Attorney's Office, of Alexandria, VA.

Before PROST, Chief Judge, DYK and TARANTO, Circuit Judges.

The United States Patent and Trademark Office ("PTO") appeals from the decision of the United States District Court for the Eastern District of Virginia granting 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...

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