Fed Circuit Watch: Swearing Behind Must be Supported by Sufficient Evidence

102 fed circuit watch patent pre-AIA swearing behind

On April 17, 2018, the Court of Appeals for the Federal Circuit held in Apator Miitors ApS v. Kamstrup A/S,[1] that in order for a patent assignee to swear behind a reference by antedating its own conception, it must do so by more than just merely providing the inventor’s statement of conception. The facts are …

Continue Reading