Xicor Patent Changes Invalid Under Recapture Rule: Fed. Circ.

Law360, New York (August 22, 2012, 9:45 PM EDT) -- The Federal Circuit said Wednesday that the so-called recapture rule barred Xicor Corp. from broadening the scope of a semiconductor patent during a reissue, even though the additions to the patent were product-by-process claims.

The appeals court affirmed a lower judge's decision that the additions to Xicor's patent during the reissue were invalid, because the company had specifically surrendered them during the original prosecution of the patent.

Under U.S. patent law, patents can be reissued with broader claims, but an applicant cannot “recapture” claims that it...
To view the full article, register now.