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Intel argued the rule is arbitrary, overly restrictive, and skirted proper rulemaking procedures. But the Federal Circuit said decisions on whether or not to institute reviews cannot be appealed. At oral argument, the legal professional for Salix, William Peterson , focused on how Norwich because the challenger failed to hold its burden of proving by clear and convincing proof that the press release was prior artwork – i.e., that it mirrored work done by “others” not inventors.
- Unlike many other international issues, the governance of our on-line world did not originate with states, however with the tutorial institutions and personal