Competitors Can't Sue USPTO To Nix Patents, Fed. Circ. Rules

Law360, New York (December 6, 2012, 9:05 PM EST) -- A competitor sued for patent infringement cannot in turn sue the U.S. Patent and Trademark Office for issuing the patents in the first place, the Federal Circuit ruled Thursday, affirming the dismissal of a suit by packaging maker Pregis Corp.

While upholding a jury verdict that Pregis did not infringe competitor Free-Flow Packaging International's patents for air-filled packaging cushions, the Federal Circuit affirmed the dismissal of Pregis' separate Administrative Procedure Act claims against the USPTO for issuing Free-Flow's patents, saying competitors can't file such claims to...
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