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Patent Law Keyed to Adelman
In re Translogic Technology, Inc
Facts
Plaintiff applied for and received a patent related to multiplexers, the '666 patent. A transmission gate multiplexer (TGM) is specifically referenced in the '666 patent claim. One prior art reference, Gorai, is a technical article which discloses multiplexers but does not make known the use of a TGM. The other prior art reference, Weste, is a textbook which reveals and teaches a TGM. Plaintiff filed a patent infringement suit against Hitachi, Ltd. claiming infringement of its '666 patent. Hitachi filed multiple requests to the Board for reexamination of patent '666 which the Board combined into one reexamination. Due to the prior art references, the Board rejected several claims of the '666 patent based on obviousness. The Board determined that the claims in patent '666 were obvious because a person of ordinary skill in the art would have applied the teaching in Weste to the technology disclosed in Gorai. Plaintiff appealed the rejection, which was affirmed. When the Board denied rehearing, Plaintiff appealed to this court. In the infringement case, Hitachi was found liable by the district court for inducing infringement. Hitachi filed an interlocutory appeal and the district court stayed its entry of permanent injunction. The district court then entered its final judgment and Hitachi appealed to this court. This court combined the infringement appeal with the reexamination appeal.
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