Apple Inc. v. Corephotonics, Ltd.

 
APPEAL NO.
20-1438
OP. BELOW
SUBJECT
Patent
AUTHOR
Stoll

Question(s) Presented

  1. “Does anticipation require a showing both that a prior art reference itself is ‘operative’ and that the prior art enables the challenged claims?”
  2. Whether “[t]he panel’s decision misapprehends or overlooks the holding of the very case upon which it relies: In re Dowty, 118 F.2d 363, 366 (CCPA 1941), and is contrary to the following decision of the Supreme Court of the United States and precedents of this court: Pickering v. McCullough, 104 U.S. 310 (1881); Raytheon Techs. Corp. v. Gen. Elec. Co., 993 F.3d 1374 (Fed. Cir. 2021); In re Dowty, 118 F.2d 363 (CCPA 1941).”

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