SCOTUS Denies Petition to Review CAFC Precedent on Articulating Justification of Primary Reference Selection
IP Watchdog
MARCH 18, 2024
The petition specifically asked the Court to review the CAFC’s holding that Schwendimann’s argument that “justification for selection of a primary reference is a necessary step to guard against hindsight bias for the motivation to combine references” was unsupported by Federal Circuit case law.
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