Recapture Rule Dooms Chip Patent Reissue: Fed. Circ.

Law360, New York (May 3, 2011, 7:57 PM EDT) -- The Federal Circuit ruled Tuesday that a reissue application for a semiconductor patent was properly rejected because it sought to recapture subject matter surrendered during prosecution of the patent.

In affirming a 2009 decision by the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences, the appeals court clarified the circumstances in which a reissue application violates the so-called recapture rule.

Steve Beyer of Beyer Law Group LLP, an attorney for the inventors who filed the case, said that before the case there was...
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