1. “Where an invention’s intended purpose is to provide an ‘improvement’ or ‘increase’ in benefits over prior designs, whether the patentee can demonstrate the invention works for that purpose without conducting any comparative testing.”
2. “Whether a patentee can satisfy the requirement to show independent corroboration of reducing an invention to practice through only (i) vague declarations from persons with no independent or personal knowledge of testing of the relevant prototypes and who cannot place testing of relevant prototypes within a timeframe before the critical date, and (ii) documentary evidence that says nothing about testing.”
