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Category: Reissue


Specticles and Specifications
February 19, 2010
Post by Blog Staff
In April of last year, the Court of Appeals for the Federal Circuit added another layer to the ongoing case between Revolution Eyewear, Inc. ("Revolution") and Aspex Eyewear, Inc. ("Aspex"). The decision primarily concerned the circumstances surrounding the reissue of Aspex's initial patent: whether the reissue was supported by 35 U.S.C. § 112; whether the same invention was claimed .......
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Federal Circuit affirms finding of no anticipation or obviousness, no mention of KSR to be found
September 06, 2007
Post by Blog Staff
The Federal Circuit yesterday affirmed a decision by the District Court for the District of Delaware upholding the validity of Reissue Patent 34,712 ("the '712 patent") and the injunction preventing infringement of the '712 patent. Specifically, the court affirmed the district court's decision that the prior art reference relied upon for the defendants' anticipation argument was not ena.......
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Decision to accept later filing date due to omitted items not correctable via reissue
March 19, 2007
Post by Blog Staff
When you make a conscious choice between alternatives during prosecution, the Federal Circuit says you're stuck with it. That's the message from In re Serenkin, where the court held that an inventor could not, through reissue, claim priority to his provisional filing. Serenkin had filed a PCT application just before the one-year anniversary of his provisional, but the PCT did not contain the drawings. He had to.......
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Federal Circuit issues two decisions regarding reissue patents
November 14, 2006
Post by Blog Staff
Over the course of three court days, the Federal Circuit issued two decisions in cases involving reissue patents. After a patent is issued, if the patent holder discovers that the patent is "wholly or partly inoperative or invalid," the patentee may surrender the original patent and seek reissue of the patent. If this is sought within the first two years after the original patent issued, the claims may be broade.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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