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Shunt Patent Reissue Doomed By Recapture Rule: Fed. Circ.

Law360 (February 15, 2018, 6:30 PM EST) -- The Federal Circuit on Thursday denied the request of two inventors seeking reissue of a patent on a shunt used in kidney dialysis, finding the patent’s reissue claims “impermissibly recapture” material they intentionally surrendered in the original prosecution process.

In a six-page nonprecedential opinion, the panel ruled that the Patent Trial and Appeal Board correctly denied Iftikhar and Nazir Khan’s request to reissue U.S. Patent Number 8,282,591 after their patent was found not to be invalid in light of prior art disclosing a cylindrical cuff, concluding...
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Case Information

Case Title

In re: Khan


Case Number

17-2207

Court

Appellate - Federal Circuit

Nature of Suit

Date Filed

June 22, 2017

Government Agencies

Patents

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