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Ex Parte Tanaka Heading to CAFC
Posted On: Feb. 25, 2010
By: Scott A. McKeown
Last week we noted the potential affect of Ex Parte Tanaka internal to the USPTO. Tanaka was decided last December by the Board of Patent Appeals and Interferences (BPAI), holding that a reissue application was improper where the only defect identified in an issued patent was the failure to present additional dependent claims. The board reasoned that the mere addition of new dependent claims did not identify any defect in the issued patent.
Not surprisingly, earlier this week the issue was taken to the Federal Circuit on behalf of Koyo Seiko Co. Ltd. Stay tuned for further updates.
For those looking to add CLE in 2010, or to keep abreast of the changing post grant landscape, there are two upcoming programs in March, one offered in New York this coming Monday (March 1st and 2nd) and one in Chicago (March 11th and 12th). The editors of patentspostgrant.com are faculty for the Practicing law Institute and will be speaking at each upcoming event, Scott Mckeown will present at the New York PLI program on ”Increased Utilization of Inter Partes Reexamination with Concurrent Litigation” (4th Annual Patent Law institute). Philippe Signore will be speaking this coming Monday on the proposed patent reform legislation, and Stephen Kunin will be speaking at the Chicago events on Inter Partes Reexamination Mechanics with Todd Baker. More information on these programs is found below, hope to see you there!
