Apator Miitors ApS v. Kamstrup A/S

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Kamstrup filed a petition for inter partes review of the 559 patent. The Board instituted review, based in part on the Nielsen patent. During trial, Apator attempted to swear behind Nielsen’s effective filing date (March 25, 2010), 18 days before its own effective filing date of April 12 and proffered a declaration in which the inventor, Drachmann, declared he conceived of his invention, an ultrasonic consumption meter, before Nielsen’s effective filing date. Apator further proffered: an email from Drachmann to Tunheim dated February 15, 2010 that the Drachmann Declaration states attached an image file; a March 22, 2010 email to Tunheim that the Drachmann Declaration states attached a presentation; an email from Drachmann to Bjerngaard dated March 22, 2010 that the Drachmann Declaration states attached a file; and several drawings that the Drachmann Declaration states were created between February 15 and March 22, 2010. The Patent Trial and Appeal Board rejected Apator’s attempt to swear behind Nielsen and found the claims anticipated and obvious. The Federal Circuit affirmed. Apator failed to sufficiently corroborate Drachmann’s testimony of conception. None of the emails themselves indicate what file was attached or what such attachment disclosed. View "Apator Miitors ApS v. Kamstrup A/S" on Justia Law