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Expert Analysis

Jury Still Out On "Inherent Anticipation"

By Marius Meland ( April 17, 2005, 12:00 AM EDT) -- On April 8, 2005, a "public use" case died and, from its ashes, an "inherent anticipation" case arose. On that day the Federal Circuit, en banc, over the dissent of Judge Newman, vacated the "experimental use" portion of the original panel decision in SmithKline Beecham Corp. v. Apotex Corp., 365 F.3d 1306 (Fed. Cir. 2004) ("SKB I"), and remanded to the panel for further proceedings. SmithKline Beecham Corp. v. Apotex Corp., Nos. 03-1285, -1313, 2005 WL 788426 (Fed. Cir. Apr. 8, 2005)(en banc order and dissenting op.)....

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