Having One's Cake And Eating It Too In Post-Grant Review
October 16, 2012, 2:35 PM EDT
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...
Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.