By Michael Borella — Can a prior art reference with an error be considered to be a disclosure of the erroneous teaching? A Federal Circuit panel split over this issue, with their disagreement largely based on how apparent the error would be to one skilled in the art. LG filed two Inter Partes Reviews (IPRs) against U.S. Patent No. 6,844,990, challenging claims 5 and 21, respectively. Both Patent Trial and Appeal Board (PTAB) panels sided with Immervision, finding that a critical section of the prior art used in LG’s obviousness contentions contained an error that "would have been disregarded or…
