Oral Argument of the Month

The oral argument of the month is Ledergerber Medical v. WL Gore, case no. 2011-1379 (Fed. Cir. 2012).  The majority of the argument features the advocates fielding questions from the judges about priority chains under 35 U.S.C. sections 120, 112 and 103.  It appeared to be an opportunity for Judge Newman to reassert her view from her dissenting opinion in Zenon Environmental, Inc. v. US Filter Corp., 506 F. 3d 1370 (Fed. Cir. 2007).  In that dissent she said “I respectfully dissent, for my colleagues have converted fact into law and ignored the findings of the district court as well as the agreed and undisputed facts, and misapplied the rules of incorporation by reference. The consequence is that the disclosure in the “grandparent” (‘373) patent is held by this court to “anticipate” and thereby invalidate the “grandchild” (‘319) patent that contains the text of the ‘373 patent.”

You can listen to the oral argument [here].

The court issued a Rule 36 opinion; but, look for the appellant to request en banc review.

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