Federal Circuit Abandons Abandonment as Defense: Federal Circuit Holds Improper Revival of Abandoned U.S. Patent Application is No Defense in an Action Involving the Validity of a U.S. Patent

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On September 22, 2008, the Federal Circuit announced in Aristocrat Technologies Australia Pty Limited v. International Game Technology an interpretation of the Patent Act that limits the types of alleged errors by the PTO that can lead to a declaration of invalidity in a patent infringement action. Hewing closely to the text of the Patent Act, the Federal Circuit held that improper revival cannot be used as a defense.

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