Oral Argument of the Day: Corning Optical Communications v. Panduit

The oral argument of the day comes from Corning Optical Communications v. Panduit. I enjoyed this oral argument for its discussion of hindsight in the ยง103 context. The appellant argued that the patent owner’s claim was simply being used as a template to locate art to reconstruct the claimed invention.

If you put your ear to the ground, you can probably hear a mournful wail from the ghosts of patent-prosecutors-past saying “We feel your pain.”

You can listen to the oral argument here:

You can read the Federal Circuit’s Rule 36 Judgment [here].

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