Hot Issues in Reissue Patent Litigation

Streams live on: Thursday, October 25, 2018 at 12:00pm EDT

Course Format Webcast

Taught by


Course Description

Estimated Duration 60 Minutes
Difficulty Intermediate

In this program, Tryn T. Stimart and Wendy R. Stein of Gibbons P.C. 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. Stimart and Stein 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


Wendy Stein

Gibbons P.C.

Ms. Stein is an IP litigator who focuses her practice on intellectual property disputes, primarily in the patent and trademark areas.

Ms. Stein has extensive experience litigating a broad variety of patent infringement and other matters in the pharmaceuticals and life science area, including matters related to antibiotics, anti-depressants, anti-coagulants, epilepsy, pain, ADHD, sleep apnea, and high blood pressure medications, and SABAs used to treat asthma and/or COPD. Ms. Stein also has substantial experience litigating patent infringement disputes in the non-pharma area, including related to GPS devices, gaming, hand-held devices and packaging.

Ms. Stein has appeared before federal and state courts throughout the United States, including New York, New Jersey, Delaware, Massachusetts, California, Florida, Texas, District of Columbia, Illinois, and Nebraska, and before the Court of Appeals for the D.C. and Federal Circuits, most recently obtaining a Rule 36 affirmance of five separate summary judgments concerning alleged patent infringement, false patent marking, and commercial claims.

Tryn Stimart

Gibbons P.C.

Well-armed with undergraduate and graduate scientific degrees in biochemistry, chemistry, and genetics/cell biology, Mr. Stimart focuses his practice on intellectual property litigation in district courts and the USPTO in the fields of pharmaceuticals, biopharmaceuticals, biotechnology, medical diagnostics, and biofuels, as well as computer software and video compression technology. He regularly advises clients on intellectual property pre-litigation strategies, inter partes reviews, due diligence and opinion work, licensing, merger and acquisitions, and strategic intellectual property counseling.

Mr. Stimart also brings unique experience and a distinctly relevant perspective that will greatly benefit the firm's clients. Prior to his legal career, he was an Advisor with the Advanced Technology Program at the National Institute of Standards and Technology (NIST), where he was a program manager and reviewed complex technical proposals on cutting-edge technology that involved any use of humans or animals in research. Mr. Stimart represented the United States Department of Commerce, on a federal level, as part of the Human Research Protections Program and earned a Bronze Medal for superior performance concerning the use of human embryonic stem cells.

Mr. Stimart is a former United States Naval Officer, serving on active duty, as well as the reserves.


$ 59 Intellectual Property Law and Patent Law In Stock


Course is pending approval in the following states: Kentucky (CLE), Virginia (CLE), Wisconsin (CLE). Click here to learn more .

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.