June 22, 2017

Federal Circuit Finds Inventor Testimony Inadequate to Establish A Common Inventive Entity Under 35 U.S.C. 102(e)

On June 15, 2017, the Federal Circuit rejected a patent owner's attempt to establish with uncorroborated and conclusory inventor testimony that an alleged prior art reference was not "by another" under pre-AIA 35 U.S.C. 102(e). In EmeraChem Holdings, LLC v. Volkswagon Group of Am., Inc., No. 2016-1984, slip op. (Fed. Cir. June 15, 2017) (precedential), […]
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