Posts Tagged: "Idemitsu Kosan v. SFC"

Idemitsu Kosan Co. v. SFC Co., the Federal Circuit affirmed the Board’s decision to invalidate as obvious certain patent claims directed to a device that emits light when electric current is passed through a particular organic medium… During inter partes review, it is possible for claims to be invalidated for reasons first articulated in rebuttal to a Patent Owner’s arguments. Patent owners should anticipate a petitioner’s counterarguments to its positions, including those made in Patent Owner’s Reply. Further, features of the invention that are alleged to distinguish over the prior art may not carry sufficient weight if they are not recited in the claims.