Fed. Circ. Ruling Resolves Unsettled Priority Issue

Law360, New York (April 30, 2008, 12:00 AM EDT) -- Before the Federal Circuit’s decision in PowerOasis, Inc. et al. v. T-Mobile USA Inc. (Appeal No. 2007-1265, decided April 11, 2008), it was unclear whether the presumption of validity extends to the question of priority when a dispute arises concerning whether a continuation-in-part (CIP) patent is entitled to reach back and claim as priority the filing date of the parent application in those instances where the Patent Office has not determined priority of the CIP claims.

Until the PowerOasis decision, the case law had left unresolved...
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