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Knobbe Martens

Reissue Applications Are Bound by the Scope of the Claims as Written, Not as Intended

Knobbe Martens on

IN RE KOSTIC - Before Stoll, Clevenger, and Cunningham. Appeal from the Patent Trial and Appeal Board. When considering whether a reissue claim broadens the scope of the original patent, the PTAB determines the actual scope...more

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

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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