Thursday, October 30, 2014

Harvard's terminal disclaimer argument fails at CAFC

The bottom line in Harvard vs. Lee:

We find that the record contains a rational basis to
support the PTO’s factual finding that Harvard paid the
terminal disclaimer fee. (...)

We conclude that the evidence as a whole provides a
rational basis for the PTO’s conclusion that the terminal
disclaimer fee was paid. As such, we find that the district
court properly concluded that the PTO’s decision was not
arbitrary or capricious. We affirm.


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