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Reissue Ruling A Boost To Patentees In Validity Fights

Law360, New York (May 9, 2011, 5:11 PM EDT) -- The Federal Circuit's recent decision allowing reissued patent applications that only add narrower claims is a boon for patent holders and a setback for generic-drug makers and other defendants that often seek to invalidate patents, attorneys say.

IP lawyers told Law360 that the April 15 In re: Yasuhito Tanaka ruling by the appeals court reshaped the reissue process by allowing patentees to narrow claims as a hedge against possible invalidity, a tactic the U.S. Patent and Trademark Office had found to be an improper use of...
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