Apator Miitors Aps v. Kamstrup A/S (No. 2017-1681, 4/17/18) (Moore, Linn, Chen)
April 17, 2018 3:20 PM
Moore, J. Affirming PTAB decision that the challenged claim was invalid as anticipated, where the patent owner failed to sufficiently corroborate the inventor's testimony attempting to show prior conception of the claimed invention. The Court explained that “[t]he evidence proffered by [the inventor] is stuck in a catch-22 of corroboration: Apator attempts to corroborate [the inventor's] testimony with the emails and the drawings, but the emails and drawings can only provide that corroboration with help from [the inventor's] testimony.”