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ARTICLE · 08 NOVEMBER 2017

Challenged Claims Are Obvious Based On Patent Owners' Prior Art

The US Court of Appeals for the Federal Circuit affirmed a PTAB decision finding the challenged claims obvious over a single prior art reference owned by the patent owner, ...

United StatesIntellectual Property

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision finding the challenged claims obvious over a single prior art reference owned by the patent owner, notwithstanding the patent owner's argument that the prior art had shortcomings. Idemitsu Kosan Co., Ltd. v. SFC Co. Ltd., Case No. 16-2721 (Fed. Cir., Sept. 15, 2017) (O'Malley, J).

Idemitsu is the owner of a patent that claims a device containing a specific organic medium layered between an anode and cathode; when a voltage is applied through the electrodes, the organic medium emits light. Idemitsu is also the assignee of a prior art reference (Arakane) that teaches an organic electroluminescence device where the organic light-emitting medium layer “has a mixture layer containing (A) at least one hole transporting [HT] compound and (B) at least one electron transporting [ET] compound and the energy gap Eg1 of the [HT] compound and the energy gap Eg2 of the

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