Legal Opinion

Apator Miitors Aps v. Kamstrup A/S

Court of Appeals for the Federal Circuit

Decided April 17, 2018No. 2017-1681PublishedCited by 12 opinions

1Opinion of the Court

Moore, Circuit Judge.

Apator Miitors ApS ("Apator") appeals from a Final Written Decision of the United States Patent and Trademark Office Patent Trial and Appeal Board ("Board") in an inter partes review of U.S. Patent No. 8,893,559 finding claim 2 was anticipated by Nielsen, U.S. Patent App. Pub. No. 2012/0006127, and claim 10 would have been obvious in light of Nielsen and Körner, European Patent App. No. 1798528. The primary issue on appeal is whether Apator can swear behind Nielsen by showing conception and reduction to practice prior to Nielsen's effective filing date. Because…

2Cases cited17 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  3. Hybritech Incorporated v. Monoclonal Antibodies, Inc.Court of Appeals for the Federal Circuit · 1986
  4. Richard C. Price v. Dale R. SymsekCourt of Appeals for the Federal Circuit · 1993
  5. Dr. Sakharam D. Mahurkar v. C.R. Bard, Inc., Davol Inc. And Bard Access Systems, Inc.Court of Appeals for the Federal Circuit · 1996

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3Cited by12 opinions

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  2. Dana-Farber Cancer Inst., Inc. v. Ono Pharm. Co.District Court, District of Columbia · 2019
  3. Dionex Softron Gmbh v. Agilent Technologies, Inc.Court of Appeals for the Federal Circuit · 2023
  4. Medtronic, Inc. v. Teleflex Innovations S.A.R.L.Court of Appeals for the Federal Circuit · 2023
  5. Kolcraft Enterprises, Inc. v. Graco Children's Products, IncCourt of Appeals for the Federal Circuit · 2019

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