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MAYO FOUND. FOR MEDICAL EDUC. & RESEARCH v. IANCU

2018-2031.

938 F.3d 1343 (2019)

MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH, Plaintiff-Appellant v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 16, 2019.

Attorney(s) appearing for the Case

Ahmed Jamal Davis , Fish & Richardson PC, Washington, DC, argued for plaintiff-appellant. Also represented by Craig E. Countryman , Jared Alexander Smith , San Diego, CA.

R. Trent Mccotter , Office of the United States Attorney, Alexandria, VA, argued for defendant-appellee. Also represented by G. Zachary Terwilliger ; Thomas W. Krause , Kakoli Caprihan , Brian Racilla , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before NEWMAN, LOURIE, and DYK, Circuit Judges.

The Mayo Foundation for Medical Education and Research ("Mayo") appeals from a decision of the United States District Court for the Eastern District of Virginia, Mayo Found. v. Iancu, 309 F.Supp.3d 425 (E.D. Va. 2018) ("Decision"), which affirmed the United States Patent and Trademark Office's (the "PTO's") calculation...

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