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Keywords

statutesummary judgmentpatent

statutepatent

Related Cases

Hester Industries, Inc. v. Stein, Inc., 142 F.3d 1472, 46 U.S.P.Q.2d 1641

Facts

Issue

Whether the requirements of the statute governing reissue of patents have been met.

Whether the requirements of the statute governing reissue of patents have been met is question of law, although legal conclusion can involve underlying factual questions.

Rule

Analysis

Conclusion

The court affirmed the summary judgment of invalidity, concluding that Hester's reissue claims did not meet the statutory requirements for reissue patents.

Affirmed.

Who won?

Stein, Inc. prevailed in this case as the court upheld the summary judgment of invalidity against Hester's reissue patent claims. The court found that Hester's claims violated the recapture rule, as they attempted to regain subject matter that had been surrendered during the original patent prosecution. The court emphasized that the arguments made by Hester during the original prosecution distinguished their invention based on specific limitations that were not present in the reissue claims.

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