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Stanford University v. Chinese University of Hong Kong

The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals from orders of the Patent Trial and Appeal Board (“Board”) in three interference proceedings between Stanford and the Chinese University of Hong Kong (“CUHK”). In all of these proceedings, the Board found that Stanford’s claims were unpatentable for lack of written description. See Quake v. Lo, No. 105,920 (P.T.A.B. Apr. 7, 2014); Lo v. Quake, No. 105,923 (P.T.A.B. Apr. 7, 2014); Lo v. Quake, No. 105,924 (P.T.A.B. Apr. 7, 2014).1 Because we conclude that the Board relied on improper evidence to support its key findings and did not cite to other substantial evidence to support its findings, we vacate the Board’s interference decisions and remand for further proceedings.

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