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.
Contacts
Insights
Client Alert | 10 min read | 07.01.25
Ninth Circuit Decision Underscores Increasing False Claims Act Risks to U.S. Importers
On June 23, 2025, the Ninth Circuit issued a long-awaited decision in Island Industries Inc. v. Sigma Corp. affirming a $26M False Claims Act (“FCA”) judgment against the defendant importer. Sigma had appealed the judgment after a jury found the company violated the FCA by failing to pay customs duties owed to U.S. Customs and Border Protection (“CBP”). The Ninth Circuit’s decision addresses an important jurisdictional issue and illustrates the significant financial exposure importers can face under the FCA at a time of increased tariffs and enforcement by the government.
Client Alert | 8 min read | 06.30.25
Client Alert | 3 min read | 06.30.25
Client Alert | 3 min read | 06.26.25
FDA Targets Gene Editing Clinical Trials in China and other “Hostile Countries”