Abiding by the “original patent” rule when reissuing

Description

Abstract: Reissue patents allow a patentee to correct an existing patent by broadening or narrowing the originally issued claims. But, among other requirements, the reissue patent can claim only inventions that were described in the original patent specification as being intended to be a separate invention. This article covers a recent infringement case involving dueling pharmaceutical companies in which this “original patent” rule played a key role. Antares Pharma, Inc. v. Medac Pharma Inc., No. 2014-1648, Nov. 17, 2014 (Fed. Cir.)