In the next few days, I’ll be distributing a draft of my working paper on the role the invention date in ex parte prosecution. I’m looking for citations for the following proposition:
Supporters of invention-date-based novelty rights argue that such rights, although rarely asserted, make a big difference in big cases.
Ideally, I’m looking for cases outside of the interference context that turned on the ability of a patentee or patent applicant to antedate would-be prior art. Thanks for any help!!