Hot Issues in Reissue Patent Litigation

In this program, Wendy Stein and Tryn Stimart will explore current trends in patent litigation where reissue patents have been asserted. The course will highlight potential strategies for responding to allegations of infringement and related defenses such as the rule against recapture and prior user rights.

Other items to be covered include the law governing the original patent requirement and the error requirement. Stein and Stimart will also discuss the doctrines of absolute and equitable intervening rights and how to apply them to limit defendants' exposure to potential damages.

Learning Objectives:

1. Gain familiarity with the seminal district court and Federal Circuit decisions concerning U.S. reissue patents
2. Discuss potential strategies for responding to complaints alleging infringement of a U.S. reissue patent
3. Review recent trends in challenges to the validity of reissue patents under 35 U.S.C. § 251
4. Examine the now expanded prior user rights defense under the America Invents Act as a defense to infringement of U.S. reissue patents