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IMMERSION CORP. v. HTC CORP.

2015-1574.

826 F.3d 1357 (2016)

IMMERSION CORPORATION, Plaintiff-Appellant v. HTC CORPORATION, HTC America, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: June 21, 2016.

Attorney(s) appearing for the Case

JOSEPH R. PALMORE , Morrison & Foerster LLP, Washington, DC, argued for plaintiff-appellant. Also represented by MARC A. HEARRON , BRYAN LEITCH ; HAROLD J. McELHINNY , San Francisco, CA; MARC DAVID PETERS , BRYAN J. WILSON , Palo Alto, CA.

DAN L. BAGATELL , Perkins Coie LLP, Phoenix, AZ, argued for defendants-appellees. Also represented by RYAN J. McBRAYER , ERIC MILLER , Seattle, WA; JOHN PETER SCHNURER , San Diego, CA.

BENJAMIN M. SHULTZ , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for amicus curiae United States. Also represented by BENJAMIN C. MIZER , CHARLES M. OBERLY, III , MARK R. FREEMAN ; THOMAS W. KRAUSE , WILLIAM LAMARCA , FARHEENA YASMEEN RASHEED , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

GEORGE FRANK PAPPAS , Covington & Burling LLP, Washington, DC, for amicus curiae Intellectual Property Owners Association. Also represented by PAUL BERMAN , JOHN ARTHUR KELLY , RANGANATH SUDARSHAN ; HERBERT CLARE WAMSLEY, JR. , Intellectual Property Owners Association, Washington, DC; PHILIP STATON JOHNSON , Johnson & Johnson, New Brunswick, NJ; KEVIN H. RHODES , 3M Innovative Properties Company, St. Paul, MN.

Before PROST, Chief Judge, LINN and TARANTO, Circuit Judges.

This case involves one necessary condition, under 35 U.S.C. § 120, for treating a patent application, filed as a continuation of an earlier application, as having the earlier application's filing date, not its own filing date. That timing benefit shrinks the universe of "prior" art for determining validity. The condition...

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