Patent A was filed formally, March-13-2010, published Nov-2011

Patent B was filed provisional, March-14-2010, then formal-filed Mar-2011

The patents covered some similar areas, but Patent B spec was much more complete, covering the areas of Patent A and much more.

This might have been a straight forward case, but there's a couple of twists.

  • Patent A was abandoned after years of failing to overcome office actions.

  • Patent B issued on the basis of simpler broad claims

  • In continuations Patent B ultimately succeeded with claims that overlap, but failed to issue, in Patent A

Since the publication date of A was after B was filed, how does that matter in this case ?

Could the owners of Patent B (successfully) pursue the owners of Patent A, for example in infringement actions B vs A ?

Could Patent A be used to invalidate Patent B e.g. in IPR ? in litigation of B vs C ?

Can Patent B cite Patent A as prior art ?

Many interesting questions - am sure there's more twists haven't thought of ... point out the best ones ?

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