Axed Patent Claims Don't Doom Amended Ones: Fed. Circ.

By Kevin Penton (April 5, 2016, 4:59 PM EDT) -- The Federal Circuit on Tuesday affirmed a California federal court's decision to uphold its order invalidating the asserted claims of a patent that covers gift card exchanges, even though new claims for the patent were issued during re-examination proceedings.

The appellate court affirmed the lower court's refusal to its vacate its prior invalidity decision on Cardpool Inc.'s patent, which was based on the prior set of claims. The Federal Circuit held that the validity of the new claims was not examined as part of the current proceedings, according to the opinion. Cardpool can pursue an infringement case based on the amended...

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