MVALaw Blogs

Potential Reissue Pitfalls: The Recapture Rule

Under 35 U.S.C. § 251, applicants may file a reissue application to amend the claims contained in the issued parent patent. However, “claims that are ‘broader than the original patent claims in a manner directly pertinent to the subject matter surrendered during prosecution’ are impermissible.” In re Clement, 131 F.3d 1464, 1468 (Fed. Cir. 1997) … Continue reading »

Design Patent Infringement Post-Egyptian Goddess

In the recent case of Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 678 (Fed. Cir. 2008) (en banc), the U.S. Court of Appeals for the Federal Circuit revised the legal standard for proving infringement in a design patent lawsuit.  Prior to this case, a patent holder would have to satisfy both the “ordinary … Continue reading »

Design Patent Infringement Post-Egyptian Goddess

In the recent case of Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 678 (Fed. Cir. 2008) (en banc), the U.S. Court of Appeals for the Federal Circuit revised the legal standard for proving infringement in a design patent lawsuit.  Prior to this case, a patent holder would have to satisfy both the “ordinary … Continue reading »