Immersion Corp. v. HTC Corp.

TARANTO, Circuit Judge.

This ease involves one necessary condition, under 35 U.S.C. § 120, for treating a patent application, filed as a continuation of an earlier application, as having the earlier application’s filing date, not its own filing date. That timing benefit shrinks the universe of “prior” ,art for determining validity. The condition at issue, as relevant here, is that the continuation application be “filed before the patenting” of the earlier application. The question is whether, for that condition to be met, the continuing application has to be filed at least one day before the…