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35 U.S.C. 251(a)

Patterson Belknap Webb & Tyler LLP

Naughty or Nice? Judge Figueredo Finds Inequitable Conduct in Revival Petition

On November 21, 2025, United States Magistrate Judge Valerie Figueredo recommended that the Court conclude that Plaintiff Sholem Weisner’s conduct in “reviving the ’165 patent constituted inequitable conduct” because, inter...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reissue and the Original Patent Doctrine

As mentioned in last month’s IP Practice Tips, reissue applications are subject to additional legal doctrines founded in requirements of 35 U.S.C. § 251. One doctrine that has been operative since the first reissue statute...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2019: Federal Circuit Finds Another Reissue Application Fails to Meet the "Original Patent"...

In Forum v Flow Valve, decided June 17, 2019, the Federal Circuit held Flow Valve’s reissue claims were invalid for failing to comply with 35 U.S.C. 251(a): “for broadening reissue claims, the specification of the original...more

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