[Patentpractice] Fed. Cir. Consideration of Prior Art

[Stanley H. Kremen]

Colleagues:

In a patent infringement litigation, if the defendant tries to show invalidity of the asserted patent by citing prior art that was reviewed and considered  by the examiner during prosecution, can that prior art be used to invalidate the patent under 35 USC 102?  How about being used in combination under 35 USC 103? What is the Federal Circuit’s position or holding? Can you provide any case citations?

Thanks in advance for your reply. 

Stanley H. Kremen 
(Stan)

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