Recapture Rule Dooms 4 Claims Of MBO Syringe Patent

Law360, New York (April 12, 2010, 5:09 PM EDT) -- A federal appeals court invalidated four claims of a syringe patent on Monday, dealing a blow to MBO Laboratories Inc. in its infringement suit against medical technology company Becton Dickinson & Co.

The U.S. Court of Appeals for the Federal Circuit ruled the claims were invalid because MBO violated the rule against recapture, which prohibits a patent holder from broadening the claims of the patent by seeking a reissue if the patent holder previously surrendered the broadened claims.

Under federal regulations, a patent holder may seek...
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