Insights

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

Visit the Jones Day PTAB Litigation Blog.

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."

Read the full article at ptablitigationblog.com.

We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.