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ARTICLE · 30 AUGUST 2013

IP Update, Vol. 16, No. 8, August 2013

McDermott Will & Emery
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For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission has been disapproved by the president on policy grounds.

United StatesIntellectual Property
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Edited by Paul Devinsky and Rita Weeks

IN THIS ISSUE

Patents

President Disapproves ITC Exclusion Order

Patent Claims Are Indefinite Where Claimed "Molecular Weight" Subject to Different Calculations

A Generic Disclosure Does Not Support Claims to Individual Species

A Negative Claim Limitation Must Be Supported by the Specification

Objective Indicia of Non-Obviousness Must Be Considered Before Concluding Patent Claims Are Obvious

Has the Doctrine of Claim Vitiation Itself Been Vitiated?

Detailed Explanation Not the Same as a New Ground for Rejection

Royalty Payments for Hybrid Agreements Covering Inseparable Patent and Non-Patent Rights End When the Patent Expires

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