Federal Circuit Clarifies Requirements For A Prior Art Reference’s Entitlement To The Filing Date Of A Provisional Application To Which It Claims Priority
By EsqSocial Corporation 01/04/25
On March 24, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision of the U.S. Patent Trial and Appeal Board (the “Board”) that a published patent application (“Lettich”) qualified as prior art to a pending application, U.S. Patent Application No. 11/005,678 (the “’168 Application”), because the Board’s analysis as to Lettich’s prior art status was incomplete. In re Riggs, No. 22-1945, __ F.4th ___ (Fed. Cir. Mar. 24, 2025)....
By: A&O Shearman