“Patent Owner and Petitioner obtained reissue patents with new patent claims, which broadened certain limitations and narrowed others vis-à-vis the original patent claims. The district court held the new claims invalid for failing to meet the ‘original patent’ requirement of 35 U.S.C. §251. In doing so, the district court refused to compare the new claims to the originally issued claims to determine if they were directed to the same invention disclosed and claimed in the original patent, holding it was prohibited from doing so under Antares Pharma, Inc. v. Medac Pharma Inc., 771 F.3d 1354 (Fed. Cir. 2014). The court of appeals endorsed this reasoning sub silentio by summary affirmance.”
“The question presented is:”
“Should Antares Pharma, Inc. v. Medac Pharma Inc., 771 F.3d 1354 (Fed. Cir. 2014) be overruled as in direct contradiction to this Court’s decision in U.S. Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals, Corp., 315 U.S. 668 (1942)?”
