Topic
Patent Reissue
39 published works
Intellectual Property Law Blog
Grilling Up Burgers and Dogs – With a Side of Original Patent Requirement
By Theo Mayer
This case[1] addresses the original patent requirement under 35 U.S.C. § 251 that reissue claims must be directed to the invention disclosed in the original patent. Background Float‘N’Grill LLC (“FNG”)…
Global IP & Technology Law Blog
Razor Scooter Trips Over Reissue Statute at the ITC
By Adam Hess
The U.S. International Trade Commission (“ITC”) recently terminated CERTAIN MOTORIZED SELF-BALANCING VEHICLES, Investigation No. 337-TA-1000, brought by Razor USA LLC against alleged infringers of a patent related to electric hoverboards,…
Patents Post-Grant
Reissue Claims Substantially Identical to Invalidated Claims Ensnared by Collateral Estoppel
By Scott McKeown, Scott McKeown Wolf Greenfield
PTAB Invalidation of Original Claims Bars Pre-issue Damages for Reissued Claims A surprisingly underutilized patenting mechanism — the reissue patent application — should be an essential component of any portfolio…
IP Intelligence
“Original Patent” vs. Written Description — A New Reissue Gauntlet?
In two opinions issued in the past few weeks, the Federal Circuit has shaken up two requirements of the reissue statute that most practitioners don’t think about much. 35 USC…
IP Intelligence
Availability of Reissue After an Invalidity Determination
A recent law review article discusses reissue as a potential cure for patentees who have had their claims invalidated by a court or the Patent Trial and Appeals Board (PTAB).[1]…
Patents Post-Grant
Cuozzo Briefing Arrives
Cuozzo Debate Moves Forward Over the past week or so, the Petitioner's opening brief and supporting amicus filings have been submitted to the Supreme Court in Cuozzo Speed v. Lee. (Filings…
Patents Post-Grant
CAFC Finds PTAB Claim Analysis Incomplete Relative to Markman
Functional Aspect of Structural Term Overlooked Yesterday, in Power Integrations, Inc., v. Lee (CAFC 2015) the Court considered the rejection of claims 1, and 17-19 of U.S Patent 6,249,876. Reexamination of…
Patents Post-Grant
Product Manuals vs. Products: Breadth of IPR Estoppel
Court Sheds Light on "Reasonably Could Have Raised" IPR Estoppel The petitioner estoppel provision of Inter Partes Review (IPR), 35 U.S.C. § 315(e)(2), precludes a petitioner from asserting invalidity in a…
Patents Post-Grant
CAFC Emphasizes Limitation on Patent Reissue Claim Scope
Limitations of Patent Reissue As provided by 35 U.S.C. § 251, Patent Reissue is a mechanism by which a patent owner may correct an error in an issued patent. A…
Healthcare Law Insights
Errors in reissue patent applications
Recently, the Federal Circuit provided some insight about the “error” upon which a reissue patent application can be based under 35 U.S.C. § 251. See In re Dinsmore, No. 2013-1637,…