United States Federal Circuit
Amkor Tech., Inc. v. Int'l Comm'n, 10-1550
In plaintiff's suit alleging that defendant violated section 337 of the Tariff Act, based on the importation, sale for importation, and sale within the United States after importation of certain encapsulated integrated circuit devices that allegedly infringed certain claims of its patent, the determination of the International Trade Commission (Commission) that plaintiff's patent is invalid under 35 U.S.C. section 102(g)(2) is reversed, as the Commission committed legal error based on an erroneous application of the Oka rule as defendant failed to prove prior invention in the United States by clear and convincing evidence. Further, defendant's claims of invalidity on alternative grounds are rejected.
Appellate Information
- Decided 08/22/2012
- Published 08/22/2012
Judges
- Linn
Court
- United States Federal Circuit