NANTKWEST, INC. v. LEE

No. 2015-2095.

NANTKWEST, INC., FORMERLY CONKWEST, INC., Plaintiff-Appellant, v. MICHELLE K. LEE, DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, DEPUTY UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DEPUTY DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 3, 2017.


Attorney(s) appearing for the Case

ALAN J. HEINRICH , Irell & Manella LLP, Los Angeles, CA, argued for plaintiff-appellant. Also represented by MORGAN CHU , GARY N. FRISCHLING , LAUREN NICOLE DRAKE ; SANDRA HABERNY , Newport Beach, CA.

MARY L. KELLY , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for defendant-appellee. Also represented by THOMAS W. KRAUSE , SARAH E. CRAVEN , SCOTT WEIDENFELLER .

Dissenting Opinion filed by Circuit Judge STOLL.


This disposition is nonprecedential.

The United States Patent and Trademark Office ("USPTO") rejected claims 20, 26, and 27 of U.S. Patent Application No. 10/008,955 ("'955 patent application") on the ground that the claims would have been obvious. NantKwest sought review in district court, pursuant to 35 U.S.C. §...

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