Ex-Patent Holder Can’t Appeal USPTO Ruling, Fed. Circ. Says

//Ex-Patent Holder Can’t Appeal USPTO Ruling, Fed. Circ. Says

Ex-Patent Holder Can’t Appeal USPTO Ruling, Fed. Circ. Says

MICHAEL LIPKIN / LAW 360 – A Federal Circuit panel on Thursday quashed a challenge by a former patent holder to the U.S. Patent and Trademark Office’s rejection of a bloodless catheter patent, ruling he did not have standing to sue because he no longer owned the patent. Judge Randall R. Rader, writing for a unanimous panel, dismissed Michael J. Vaillancourt’s appeal of the USPTO’s decision, following medical device company Becton Dickinson and Co.’s request for re-examination. Vaillancourt admitted that VLV Associates Inc. now owned the patent but argued that he was the sole owner of VLV and that there was no explicit ban on delegating authority to appeal.

“This assertion carries no weight in the face of a statutory requirement,” the opinion said. “The statute also does not forbid a patent owner’s travel agent from filing an appeal, but that hardly justifies interpreting the statute to extend to such unmentioned categories.” …

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2017-01-02T17:00:50+00:00August 14th, 2015|JMS in the News|0 Comments

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