Reissue Patents

News & Analysis as of

Federal Circuit Reinvigorates “Original Patent” Requirement of 35 U.S.C. § 251 For Reissue Patents

On November 17, 2014, the Court of Appeals for the Federal Circuit, in Antares Pharma, Inc. v. medac Pharma Inc. and medac GmbH, ruled in favor of Ropes & Gray client Medac and breathed new life into the “original patent”...more

Voluntary and Intentional Applicant Choices are Errors Under the Reissue Statute Only if They Arise from a False or Deficient...

In re Dinsmore - Addressing the issue of whether the filing of a terminal disclaimer that rendered a patent unenforceable by the applicants was an error for the purposes of the reissue statute, the U.S. Court of...more

Federal Circuit Says Mistaken Belief Required for Reissue Error

In In re Dinsmore, the Federal Circuit held that the reissue process could not be used to correct an alleged defect in a terminal disclaimer between patents that were not commonly owned, because there had been no “mistaken...more

In re Dinsmore (Fed. Cir. 2014) - Court Upholds PTO Determination That Reissue Cannot Cure Improper Terminal Disclaimer

Despite thirty years of efforts by the Federal Circuit to bring consistency and transparency to patent law (and the last dozen years of the Supreme Court's efforts to the contrary), in many respects patent law remains "full...more

Intellectual Property Newsletter - January 2013

In This Issue: *News From the Bench - Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion. - Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser...more

Intellectual Property Newsletter - December 2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

Patent Watch: Intel Corp. v. Negotiated Data Solutions, LLC

§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will...more

Patent Watch: In re Rosuvastatin Calcium Patent Litig.

"The law does not require that no competent attorney or alert inventor could have avoided the error sought to be corrected by reissue." On December 14, 2012, in In re Rosuvastatin Calcium Patent Litig., the U.S. Court of...more

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