1. Home
  2. |Insights
  3. |Inter Partes Reexamination Not Limited To First Application In Chain Of Applications

Inter Partes Reexamination Not Limited To First Application In Chain Of Applications

Client Alert | 1 min read | 08.29.08

In Cooper Technologies Company v. Dudas and Thomas & Betts Corporation (No. 2008-1130, August 19, 2008), the Federal Circuit affirms the interpretation of the United States Patent and Trademark Office (Patent Office) that utility, plant and design applications, including first filed applications, continuations, divisionals, continuations-in-part, continued prosecution applications and the national stage phase of international applications are subject to inter partes reexamination, in contrast to Appellant's contention that only the first application in a chain of applications from which priority is claimed is subject to inter partes reexamination. The Federal Circuit explains that because the Patent Office is specifically charged with administering statutory provisions relating to "the conduct of proceedings in the Office," the Federal Circuit gives Chevron deference to the Patent Office's interpretations of those provisions. The Federal Circuit concludes that the Patent Office's interpretation is reasonable and is entitled to Chevron deference.

Insights

Client Alert | 7 min read | 10.27.26

New Developments in DOJ Whistleblower Policies and HHS Disclosures: Key Takeaways for General Counsel, Chief Compliance Officers, and Boards

On October 20, 2026, the U.S. Department of Justice’s (DOJ) National Fraud Enforcement Division announced a new whistleblower rewards initiative, the Fraud Whistleblower Incentive Program (WHIP). Assistant Attorney General Colin M. McDonald issued a directive earlier this month directing Division leadership to design and implement policies and programs that incentivize whistleblowers to bring forward credible information pertaining to fraud. The new WHIP incentive pays awards of $10,000 to $30,000 for qualifying tips at or around the time criminal charges are filed or unsealed, rather than years later at case resolution....