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Appeals › Patent Reissue Applications

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

Broadening on Reissue is Based on the Scope of the Language of the Claims, Not the Original Intention of the Applicant

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

Takeaways: - Claim construction for determining whether reissue claims are improperly broadened is based on fundamental claim construction cannons and not applicant intentions. - Patent Owners should check patented claims...more

McDermott Will & Emery

Clickbait: Actual Scope (Not Intended Scope) Determines Broadening Reissue Analysis

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s rejection of a proposed reissue claim for being broader than the original claim, denying the inventors’ argument that the analysis...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Federal Circuit: Reissue Patents Get PTE Based on the Original Patent’s Issue Date

Rothwell, Figg, Ernst & Manbeck, P.C. on

On March 13, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed a five-year patent term extension (“PTE”) for Merck’s sugammadex patent, holding that the district court had correctly calculated PTE based on the...more

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

Resolving Claim Ambiguity via Reissue

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

Takeaways - -Intra-patent claim inconsistencies are errors correctible via reissue. -Subtle legal distinctions in reissue may require PTAB appeals. Patent prosecution errors occur. One such error that occurs is...more

Fitch, Even, Tabin & Flannery LLP

Calculating Patent Term Extension for FDA Delay: Original Patent or Reissue Patent Issue Date?

Fitch, Even, Tabin & Flannery LLP on

The Federal Circuit appeal in Merck Sharp & Dohme B.V., Merck Sharp & Dohme, LLC v. Aurobindo Pharma USA, Inc. et al., concerns whether patent term extension (PTE) for regulatory delay, in particular delay for FDA drug...more

McDermott Will & Emery

Reissue Boat Won’t Float: “Original Patent” Rule Sinks New Floating Grill Claims

McDermott Will & Emery on

Addressing the same invention requirement for reissue patents, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision to reject an overly broad reissue application. In re Float‘N’Grill...more

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

PTAB Strategies and Insights - July 2019: Federal Circuit Finds Reissue Application Fails to Meet Written Description Requirements

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

In In re Global IP Holdings LLC, decided July 5, 2019, the Federal Circuit found the United States Patent and Trademark Office (USPTO) decision, which found the reissue claims unpatentable under the written description...more

Knobbe Martens

In Re: Janssen Biotech, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Renya, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner cannot retroactively bring a continuation-in-part patent within the scope of § 121...more

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