Swearing Behind: Don’t Get Stuck in a Catch-22 of Corroboration, PTAB Litigation Blog

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The Federal Circuit’s recent decision in Apator Miitors ApS v. Kamstrump A/S, No. 2017-1681 (Fed. Cir. Apr. 17, 2018) (Moore, joined by Linn and Chen) serves as another reminder to sufficiently corroborate inventor testimony when attempting to swear behind the effective filing date of a prior art reference pursuant to pre-AIA 35 U.S.C. §102(g). In Apator, insufficient corroborating evidence left the patent owner in a "Catch-22 of Corroboration."

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