The court affirmed the denial of a preliminary injunction where the reissue patent claims were invalid for failing to comply with “original patent” requirement of 35 U.S.C. 251. The “original patent” requirement requires that the original specification expressly disclose the particular invention claimed on reissue. Here, the patent specification was limited to jet injectors, but the new claims, added by reissue, were directed to safety features of injectors in general and were not limited to jet injectors.
Antares Pharma, Inc. v. Medac Pharma Inc., Case No. 2013-1648 (November 17, 2014); Opinion By: Dyk, joined by Reyna and Taranto; Appealed From: District of Delaware, Robinson, J. Click here to read the court's opinion.
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