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

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

Federal Circuit Reaffirms “Carried Forward” Requirement for Provisional Priority in Reexams and Reissues

Requesters should make sure to double cite to non-provisional and provisional if they require a provisional filing date for prior art....more

PTAB Strategies and Insights - September 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

PTAB Strategies and Insights - August 2018: Dismissals Without Prejudice Start 315(b) Clock

Sitting En Banc, the CAFC in Click-to-Call v. Ingenio held that complaints dismissed without prejudice can still trigger the time-bar of 35 U.S.C. 315(b)...more

PTAB Strategies and Insights - April 2018

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we tackle three important...more

CAFC Rule 36 Judgement: 24 Hour Affirmance with No Explanation

Nothing hurts worse than a Rule 36 (single page, single sentence affirmance of the decision below) after years of work and millions of dollars spent on a case. Rule 36 makes rehearing, en banc review, and/or cert petitions a...more

PTAB Strategies and Insights - February 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

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