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 intervening rights.

Other items to be covered include the law governing violation of the original patent requirement, the rule against recapture, 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 focuses her practice on patent and trademark litigation and related business torts. 

Ms. Stein litigates patent infringement matters in district court and before the Court of Appeals for the Federal Circuit. On the trademark side, she litigates trademark disputes both in federal court and before the Trademark Trial and Appeal Board. She has been teaching Continuing Legal Education courses on trademark counterfeiting since 2013.

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


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