Anvik Corporation v. Nikon Precision, Inc., No. 12-1320 (Fed. Cir. Mar. 22, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

The district court held the three asserted patents in this case invalid for failing to satisfy the “ best mode” requirement found in 35 U.S.C. § 112. The America Invents Act, Pub. L. No. 112–29 (2011), eliminated failure to satisfy the best mode requirement as a ground for invalidating issued patents . However , the st atutory amendment that removed best mode from the list of invalidating conditions for issued patent s was not given retroactive effect for cases , such as this one , that were filed before the new statute was enacted.