Yesterday, in Immersion Corp. v. HTC Corp., __ F.3d __ (Fed. Cir. 2016)(Taranto, J.), the panel concludes that a continuation application filed on the date of patenting is one that has been “filed before the patenting”, a necessary statutory condition for continuation status.
Problematic Route to a Correct Holding: The attached pdf note explores problematic historical issues that the panel would do well to correct, to the extent that the case might be reviewed by the Supreme Court. This would enhance the chances that the Court would sustain the result in this case.