Supreme Court Does Not Revive Abandonment as Defense


On June 15, 2009, the Supreme Court of the United States denied International Game Technology's petition for a writ of certiorari, which sought review of the Federal Circuit's decision in Aristocrat Technologies Australia Pty Limited v. International Game Technology. The denial of certiorari leaves in place the decision of the Federal Circuit that improper revival of an abandoned U.S. Patent Application cannot be raised as an invalidity defense in an infringement proceeding. Although the denial of certiorari does not necessarily signal that the Supreme Court approved of the result, it does remove any uncertainty about the rule of law that governs the Federal Circuit and district courts in patent cases.

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