LexisNexis® Legal Newsroom
District Court vs. USPTO Patent Reexamination Analysis (BPAI Informative Opinion in Ex Parte Baxter International, Inc.)

Different standards lead to different results in patent reexamination and district court litigation During district court patent infringement litigation between Baxter and Fresenius, Fresenius requested reexamination of Baxter's patents relating to hemodialysis machines with touch screen interfaces...

The Patent Reexamination Paradox of 35 USC 112

It would be so nice if something made sense for a change - Alice (in Wonderland) Earlier this week, the BPAI affirmed the rejection of certain means-plus-function claims of patent 5,283,862 in Ex Parte Lund (BPAI 2010-005851). Claim 1 recites the following elements: A portable computer unit...

Inconsistent Claim Interpretation Practices in Patent Reexamination

DOES THE ORIGINAL PROSECUTION HISTORY FACTOR INTO A BROADEST REASONABLE INTERPRETATION ANALYSIS? It is well established that a broadest reasonable interpretation (BRI) claim analysis is applied in both the prosecution of patent applications as well as in patent reexamination proceedings. In...

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, potential infringers of the amended claims may be provided with an intervening rights defense...