Troy v. Samson Manufacturing Corp., No. 13-1565 (Fed. Cir. July 11, 2014)

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.

Stephen P. Troy, Jr. appeals from the district court’s judgment in a civil action under 35 U.S.C. § 146 and challenges the court’s conclusion that the Board of Patent Appeals and Interferences (Board) properly cancelled the claims of U.S. Patent No. 7,216,451 (’451 patent) in an interference proceeding with Samson Manufacturing Corp. (Samson). Because the district court erred in refusing to consider evidence pertinent to the determin a- tion of priority, we vacate and remand. B ACKGROUND The Board declared an interference between Mr.