Patent Law
: The Patent ProspectorPriority
By Gary Odom and Jordan Kuhn (all)
DuPont
sued MacDermid Printing for infringing
6,773,859, claiming digital thermal printing. '859 was based on a
provisional application. The USPTO mistakenly issued the patent without
reference to the provisional. DuPont had that corrected. MacDermid brewed a
tempest in a teapot over priority date, confusing the district court judge, who
refused a motion to issue a preliminary injunction. On appeal, the CAFC (2007-1568)
ruled that DuPont had met the requirements for
35 U.S.C. § 119, hence vacating the motion denial. Remanded.
Full post as published by The Patent Prospector on May 14, 2008 (boomark / email).
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