Error Apparent? Federal Circuit Tackles Obvious Errors in Prior Art, PTAB Litigation Blog
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In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error. See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under this standard, established 50 years ago in In re Yale, a prior art disclosure that relies on a typographical error is not invalidating if that error would have been apparent (i.e. obvious) to a person of ordinary skill in the art (“POSA”). See id. at 1371-72.
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