Fed. Circ. Backs Tossing Already-Litigated Patent Claims

Law360, New York (December 8, 2011, 7:41 PM EST) -- The Federal Circuit on Thursday upheld the U.S. Patent and Trademark Office's rejection of several claims of Construction Equipment Co.'s patent in a re-examination proceeding initiated by a competitor years after it lost an infringement suit over the patent.

In a split decision, the Federal Circuit affirmed the Board of Patent Appeals and Interferences' finding that several claims of CEC's patent for a vehicle for screening rocks and plant matter from soil at a construction site were obvious in light of prior art.

The majority held...
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