The Best Mode Requirement Before the America Invents Act

By: William G. Kratz, Jr.

The U.S. Court of Appeal for the Federal Circuit (CAFC) case of Ateliers de la Haute-Garonne v. Broetje Automation USA Inc., decided on May 21, 2013, among other claims, included a patent infringement charge of U.S Patent Nos. 5,011,339 and 5,143,216. The claimed invention is a process and an apparatus for dispensing objects (such as, rivets) through a pressurized tube having grooves so as to provide a rapid and smooth supply of rivets for use in manufacturing.

The U.S. District Court granted summary judgment for the defendants on the basis that the claims were invalid for failing to disclose the best mode of carrying out the invention under 35 U.S.C. §112, first paragraph.–click here to read more—