[Patentpractice] Fed. Cir. Consideration of Prior Art

[Bryan McWhorter]

You might be looking for Microsoft v. i4i, a 2010 SCOTUS case. Legally, the
standard of proof is the same regardless of whether art was considered or
not. However, a subsequent finder of fact may or may not give deference to
the PTO’s prior factual findings as to a piece of art.

On Sun, Feb 18, 2024 at 8:12 PM Stanley H. Kremen via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> 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)
>
> Sent from my iPhone
> --
> Patentpractice mailing list
> Patentpractice at oppedahl-lists.com
>
> http://oppedahl-lists.com/mailman/listinfo/patentpractice_oppedahl-lists.com
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20240218/53203be5/attachment.htm>