Having One's Cake And Eating It Too In Post-Grant Review

Law360, New York (October 16, 2012, 2:35 PM EDT) -- In a noteworthy decision released Sept. 28, 2012, In re Abbott Diabetes Care Inc., 11-1516, the Federal Circuit reversed a decision of the United States Patent and Trademark Office Board of Appeals on the grounds that the claim construction applied during re-examination was "unreasonable" and outside the boundaries of the "broadest reasonable interpretation" standard.

At issue in the case was the re-examination of two patents owned by Abbott dealing with methods and apparatus for monitoring glucose levels in diabetics. In particular, the USPTO's construction of the...
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