Tag Archives: 102(g)

Federal Circuit Says Secret Prior Art Is Prior Art For All Purposes

In Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., the Federal Circuit agreed with the district court that Ethicon’s prototype constituted prior art under 35 USC § 102(g) based on its earlier date of conception, but reversed the district court’s decision that it could not be used for obviousness purposes because of its later reduction … Continue reading this entry

Federal Circuit Finds Solvay HFC Patent Invalid Under 102(g)

In Solvay S.A. v. Honeywell International Inc., the Federal Circuit upheld the district court’s finding that Solavay’s HFC patent was invalid under 35 USC § 102(g). Although the impact of this case may be muted by the first-inventor-to-file provisions of the America Invents Act (AIA), the “secret prior art” provisions of § 102(g) will remain … Continue reading this entry

Federal Circuit Won't Let Creative Compounds Muscle Its Way Into Priority Of Invention

In Creative Compounds, LLC v. Starmark Laboratories, the Federal Circuit clarified that the “clear and convincing” burden of proof applies to an allegation of prior invention unless an action is brought under 35 USC § 291 or the parties identify and agree on common claimed subject matter and seek an adjudication of priority.  While Patent … Continue reading this entry