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Federal Circuit affirms USPTO's interpretation of inter partes reexamination statute

By McKee, Voorhees & Sease, P.L.C.

In a decision Tuesday, the Federal Circuit affirmed a district court's holding that the USPTO's interpretation of the inter partes reexamination procedure was correct, and therefore that all patent applications (other than reissue applications) filed after November 29, 1999 are eligible for inter partes reexamination, even if priority is claimed to an application filed before that date.  

While the district court did not address the issue of the level of deference due to the USPTO's interpretation of the statute at issue, the Federal Circuit determined the USPTO was entitled to Chevron deference.  Because the USPTO's interpretation of the statute was reasonable, the court affirmed inter partes reexamination was available for the patent at issue that claimed priority to an application filed before November 29, 1999, but issued from a continuation application filed after that date.

Interestingly, the court spent several pages of its decision laying out the method for determining whether and what level of deference is appropriate to the USPTO in this case.  It seems probable that the court was laying out the relevant issues in preparation for hearing the appeal in the Tafas case regarding the USPTO's enjoined claim and continuation rules.

More detail of Cooper Techs. Co. v. Dudas after the jump.

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Full post as published by FileWrapper on August 22, 2008 (boomark / email).