Fed. Circ. Backs PTO In Inter Partes Re-Exam Case

Law360, New York (August 20, 2008, 12:00 AM EDT) -- An appeals court has upheld a lower court's decision finding that the U.S. Patent and Trademark Office was within its rights to subject a Cooper Technologies Co. patent to the inter partes re-examination that found the patent invalid.

The U.S. Court of Appeals for the Federal Circuit ruled Tuesday that the USPTO was correct in defining an “original application” to include continuation applications for the purposes of the American Inventors Protection Act of 1999, which established the concept of inter partes re-examinations.

According to the USPTO,...
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