Proceedings in the U.S. Patent & Trademark Office for the reissuance and reexamination of patents are a key component of the U.S. patent protection regime. Together these procedures provide powerful mechanisms for correcting unforeseen defects in issued patents, and for administratively challenging the validity of patents outside the realm of infringement litigation. FETF regularly utilizes these procedures in support of patent enforcement efforts and in defense of adverse infringement claims.

We have an in depth understanding of the substantive and procedural requirements unique to the reissue procedure, and leverage our experience in this area to obtain reissued patents that avoid newly discovered prior art, expand claim coverage or enhance the original patent in other respects. FETF attorneys are also adept at maneuvering patents through reexamination proceedings. The firm has particular expertise in utilizing reissue and reexamination proceedings in furtherance of ongoing patent infringement litigation and licensing efforts.

The reissue and reexamination procedures are also a potential component of a comprehensive strategy for defending against claims of patent infringement. In one recent example, the firm played a key role in reissue and reexamination proceedings involving multiple patents, dozens of industry participants, and several related litigations. Based on key new prior art and invalidity arguments developed by FETF during related infringement litigation, the patents emerged from the PTO proceedings with significantly narrowed claims. FETF then defended our client against the reissued and reexamined patents in further litigation, and ultimately obtained a jury verdict of non-infringement of each patent.