United States Federal Circuit

Where a reissued patent improperly broadened claims in a manner directly pertinent to subject matter surrendered during prosecution, it is invalid under 35 USC 251, the recapture rule.

Appellate Information

• Decided 07/25/2001
• Published 07/25/2001

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael C. Cesarano,Akerman, Senterfitt & Eidson, P.A., of Miami, FL, argued for plaintiffs-appellants.


• For Appellees:
  
• Edward W. Remus, McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for defendant-appellee.   With him on the brief was Jonathan R. Sick. Of counsel on the brief were Craig E. Larson, Bausch & Lomb, Incorporated, of Rochester, NY;  and Rita D. Vacca, Bausch & Lomb Surgical, Inc., of St. Louis, MO.