"The Federal Circuit's opinion clarifies the limits of collateral estoppel in patent law, particularly regarding priority dates in context of provisional and non-provisional applications."
"The Patent Trial and Appeal Board's reversal highlighted the complexities surrounding pre-AIA 35 U.S.C. § 102(e) and how non-provisional applications relate to provisional priority dates."
The Federal Circuit's opinion examined the concept of collateral estoppel concerning U.S. Patent Application No. 11/005,678. The court assessed whether the non-provisional application benefited from the provisional application's priority date and how this relates to pre-AIA 35 U.S.C. § 102(e). The Patent Trial and Appeal Board previously overturned the Examinerâs rejection of the application, but a subsequent Request for Rehearing indicated confusion regarding the applicable version of § 102(e). Odyssey Logistics challenged these decisions in District Court, showcasing the complexities associated with patent priority dates.
Read at Intellectual Property Law Blog
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