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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.

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Client Alert | 4 min read | 08.29.25

Gender-Affirming Care Targeted for Potential False Claims Act Enforcement

On August 19, 2025, the Office of Personnel Management (OPM) informed insurers participating in the Federal Employees Health Benefits or Postal Service Health Benefits programs that gender-affirming care would no longer be covered for federal workers starting in 2026. This coverage decision is the Trump Administration’s latest action stemming from Executive Order 14187 which aims to prevent certain treatments, such as gender-affirming hormone therapy, surgeries, and puberty blockers for those under the age of 19. As previously discussed, the Administration has also signaled its intent to use various law enforcement tools against gender-affirming care, including  Section 5 of the Federal Trade Commission Act to police false or unsupported claims by medical professionals about gender-affirming treatments....