CAFC Affirms Invalidation of Claims, Which Required Knowledge of Skilled Artisan to Supplement Omissions in Prior Provisional Application

On May 21, 2018, the U.S. Court of Appeals for the Federal Circuit (CAFC) delivered the opinion in D Three Enterprises v. Sunmodo, which affirmed a summary judgment decision that invalidated patent claims, because the claims were not properly supported by a priority provisional application. Central to the District Court’s decision (affirmed by the CAFC) was that the claims of the patent in suit were broader than the disclosure of the provisional application…

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