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At thirty-nine, Liberty Turner, mother of an illegitimate and nearly grown-up son, and daughter of a flamboyant father who had never grown up, realised that she had no talent. Once, in more prosperous times, her books had been published. In the end, the judge refused to stay the litigation based upon the potential delay and the fact that the reissue does not appear to be likely to narrow the issues in the litigation.
In addition, the court found that the reissue was motivated by claim construction questions posed by the defendant in the litigation. This timing issue first seeing the claim construction arguments, then filing for reissue raised "alarm bells" with the judge who identified the move as a potential "litigation gambit" intended to give the plaintiff a tactical advantage. Note : I contacted the Morgan Lewis attorneys who submitted the brief for a comment on what was particularly unreliable or unsubstantiated regarding my post.
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They have not responded. In , the patent office reissued over patents — breaking the prior record of set in The historic numbers of reissued patents are shown in the first chart below grouped according to year of reissuance.
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Although today's absolute numbers rival historic highs of the 19th century, today's relative number of reissued patents is close to the all-time low. The next chart shows the relative percentage of reissues as compared to utility patents granted denominator based on a moving average of patents issued over of the prior ten years.
The final chart shows a time series of the average reissue pendency as measured from the reissue application filing date to the reissuance date. As is apparent, the pendency has been growing dramatically since Background : The reissue process is designed to allow a patent holder to correct a defective patent and is nestled between certificates of correction minor errors and reexamination.
In Medrad , the Federal Circuit broadly read these final two defects to "encompass any error that causes a patentee to claim more or less than he had a right to claim. A major limit on the reissue process is that "[n]o reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.
A Rival Creation: Reissued
Even Nancy Sanderson, magistrate and secretary of the Women's League, was eventually to revolt against her life style and create something of her own. As Liberty stoically continued her progress through harvest lunches and creative writing classes, she waited for a rival creation of her own to emerge, and when Oscar Brooke moved into the village, she thought perhaps she might have found it.
Marika Cobbold lives in London.
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