Cornell Research Foundation, Inc. v. Vidal

 
APPEAL NO.
20-2334, 20-2335, 20-2337, 20-2338, 20-2339, 20-2340
OP. BELOW
SUBJECT
Patent
AUTHOR
Prost

Question(s) Presented

  1. “Does absence of inherency data in the prior art and only general conclusory expert opinion qualify to meet the ‘high standard’ required for obviousness based inherency of claim limitations that require specific data of temperature and time constraints, when there is evidence in the prior art of unpredictability of the alleged inherency?”
  2. “Can inventor’s data of unexpected results in the patent specification be used as evidence of prior art obviousness based inherency of claims that require specific data of temperature and time constraints?”

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