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November 12th, 2010
First Invented in a Foreign Country and Later "Invented" Again "in this Country:" Solvay v. Honeywell on 35 U.S.C. 102(g)(2)
In the recent Solvay v. Honeywell (PDF) decision, the Federal Circuit dealt with the issue of who qualifies as a prior inventor for the purpose of 35 U.S.C. § 102(g)(2). In particular, this case concerns an invention that was invented in Russia but later duplicated in the United States (“U.S.”). ...