LexisNexis® Legal Newsroom
Federal Circuit Allows Additional Claim on Patent Reissue as Hedge against Original Claim’s Possible Invalidity; Looks to Long-Standing Precedent in Reversing PTO/Board of Patent Appeals

The narrow rule relating to the addition of dependent claims as a hedge against possible patent invalidity is a reasonable and long-standing interpretation of the reissue statute, according to last week's Federal Circuit decision. Yasuhito Tanaka was issued U.S. Patent No. 6,093,991 , which...