News & Analysis as of

Patent Litigation › Claim Amendments › United States Patent and Trademark Office

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

McDermott Will & Emery

Less Is More: IPR Claim Amendments May Not Enlarge Claim Scope

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision from the Patent Trial & Appeal Board denying a motion to amend claims during an inter partes review (IPR) proceeding, explaining that a claim amendment is...more

Fitch, Even, Tabin & Flannery LLP

Patent Term Adjustment is Not Available for Unsuccessful Appeals

Fitch, Even, Tabin & Flannery LLP on

On September 14, in SawStop Holding LLC v. Vidal, the Federal Circuit held that the owner of two patents was not entitled to patent term adjustment (PTA) based on delays associated with appeals of the USPTO’s initial...more

Jones Day

Trial Court Denies Amendment of Contentions To Add Reexam Claims Following Successful IPR

Jones Day on

What happens when patent claims are found unpatentable in inter partes review (“IPR”) and new claims are subsequently added to that patent through ex parte reexamination? The District Court for the Northern District of...more

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