Extract to table

The fact that the examiner considered and ultimately rejected this combination before allowing the claims significantly strengthens the presumption of validity and increases the evidentiary burden Lumicore must satisfy

This overlap is highly relevant to the strength of the presumption of validity and the evidentiary burden Lumicore must carry at trial

Under AIA § 102(a)(1), "[a] person shall be entitled to a patent unless

However, a derivation proceeding must be filed within one year of the first publication of the challenged claim

Under Federal Circuit precedent, a party asserting prior conception must provide evidence of conception that is corroborated by evidence independent of the alleged inventor's own testimony