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May 14, 2008
Priority
DuPont
sued MacDermid Printing for infringing
6,773,859, claiming digital thermal printing. '859 was based on a
provisional application. The USPTO mistakenly issued the patent without
reference to the provisional. DuPont had that corrected. MacDermid brewed a
tempest in a teapot over priority date, confusing the district court judge, who
refused a motion to issue a preliminary injunction. On appeal, the CAFC (2007-1568)
ruled that DuPont had met the requirements for
35 U.S.C. ยง 119, and set the priority date to the provisional filing.
Vacated the motion denial. Remanded.
Posted by Patent Hawk at May 14, 2008 7:41 PM | Case Law