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Flicking the Patent Reset Switch
– Reducing Infringement Liability Via Intervening Rights (PART I)– As reported last week, USPTO reexamination of Amazon’s “1-click patent” concluded with the amendment of the broadest...
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Intervening Rights & The Substantially Identical Standard
–A Glitch in the Matrix?– As noted in Part I of our series on intervening rights, claim amendments in reexamination and/or reissue at the USPTO may create absolute and/or equitable intervening rights....
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Change in Transitional Phrase Can Trigger Intervening Rights
Previously, we explored what types of amendments to claims under post-grant review can trigger intervening rights. As you may recall, claim amendments in current post grant proceedings at the USPTO...
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Court Labels Claims Transformed in Patent Reexamination Mere Disguise
Substantially Identical…More than Meets the Eye! An interesting issue raised by any post grant claim amendment (e.g., patent reissue and/or patent reexamination) is: For a given claim, what is the...
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Intervening Rights Created by Claim Cancellation in Patent Reexamination
Cancellation of Dependent Claim Deemed “Amendment in Effect” If claims, as amended in a post grant proceeding, are not substantially identical in scope relative to the previously issued claims,...
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Intervening Rights as an Equitable Defense
Delay in Patent Reissue Undermines Equitable Defense 35 U.S.C. 252 presents two flavors of intervening rights in the reexamination/reissue context: absolute intervening rights, and equitable...
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CAFC Finds Intervening Rights Created by Post Grant Disclaimer
Reexamination Disclaimer Effectively Amends Claims Surrendering $29 Million Damage Award During a post grant proceeding, an amendment of an originally issued claim could create an intervening rights...
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Practicalities of Patent Reexamination Key to Proper Intervening Rights...
CAFC Re-considers Disclaimer Based Intervening Rights Defense During a post grant proceeding, an amendment of an originally issued claim could create an intervening rights defense for potential...
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CAFC Denies Assertion of Claims Added in Reexamination
Amended/New Claims Barred by Res Judicata Previously, the substantially identical standard enunciated by 35 U.S.C. § 252 was analyzed in Aspex Eyewear, Inc., et al., v Marchon Eyewear Inc., et. al.,...
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En Banc CAFC Reverses Intervening Rights Analysis
CAFC Determines That Claims Must be Textually Amended to Invoke Intervening Rights Statute During a post grant proceeding, an amendment of an originally issued claim could create an intervening rights...
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