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Patent Law

: The Patent Prospector

Black Hole Swab

By Gary Odom and Jordan Kuhn

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Allegra D. Hemphill was granted 4,557,720 for a "vaginal swab." "Ms. Hemphill has prosecuted a number of actions and appeals based on the '720 patent, none of which has been successful." She tried again in 2007 against Kimberly-Clark and Proctor & Gamble for their sanitary napkins products. Ms. Hemphill unmistakably disclaimed sanitary napkins during prosecution. DC district court enjoined her from any further suits against the defendants. The appeals court affirmed (CAFC 2010-1047, nonprecedential). Another case showing that their are no junk patents, only junk people.

Full post as published by The Patent Prospector on May 04, 2010 (boomark / email).

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