Samsung Keeps Win Over Patentee Based on Prior Patent Filing (1)

Samsung Electronics Co.'s successful challenge of a light emitting diode patent it was accused of copying was upheld by the Federal Circuit, which ruled the company could rely on an earlier patent application that never matured into a granted patent.

The Patent Trial and Appeal Board correctly determined that a published patent application is prior art the tribunal can look to when patent is challenged as obvious, with the application treated as art as of its filing date, rather than its later publication date, Judge Sharon Prost wrote in a precedential opinion issued by the US Court of Appeals for ...