Duke University v. Biomarin Pharmaceutical Inc.

 
APPEAL NO.
18-1696
OP. BELOW
SUBJECT
Patent
AUTHOR
Per Curiam

Question(s) Presented

1. “Whether objective evidence of nonobviousness under Graham v. John Deere Co., 383 U.S. 1 (1966), is entitled to a presumption of nexus, where unrebutted evidence establishes that the objective evidence is tied to a specific product or method that is the invention disclosed and claimed in the patent.” 2. “Whether this Court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140, 2019 U.S. App. LEXIS 32613 (Fed. Cir. Oct. 31, 2019), holding that the appointment of Administrative Patent Judges (‘APJs’) to the Patent Trial and Appeal Board (‘Board’) violated the Appointments Clause, U.S. Const., art. II, § 2, cl. 2, was a significant change in the law governing this appeal.” 3. “Whether, after Arthrex, the Director’s delegation of institution authority to APJs acting as principal officers violated 35 U.S.C. § 314 and due process of law.”

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