United States Federal Circuit

A determination by the Patent and Trademark Office (PTO) of which applications constitute "original applications" for which inter partes reexamination is available under the American Inventors Protection Act (AIPA) is affirmed where: 1) the PTO's determination was entitled to Chevron deference; and 2) in the absence of clear Congressional intent as to the meaning of "original application," the PTO's interpretation of the term was a reasonable construction.

Appellate Information

• Decided 08/19/2008
• Published 08/19/2008

Judges

• LINN, Circuit Judge., Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• R. Ted Cruz, Morgan, Lewis & Bockius L.L.P., of Houston, TX, argued for plaintiff-appellant.   On the brief were Paul E. Kreiger and James L. Beebe.   Of counsel was Robert S. Harrell, Fulbright & Jaworski L.L.P., of Houston, TX.


• For Appellees:
  
• Nathan K. Kelley, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellee, Jon W. Dudas, Director, United States Patent and Trademark Office.   With him on the brief were William LaMarca and Raymond T. Chen, Associate Solicitors., Alan M. Fisch, Kaye Scholer LLP, of Washington, DC, argued for defendant-appellee Thomas & Betts Corporation.   With him on the brief were Jason F. Hoffman, Coke M. Stewart, R. William Sigler, and Kevin W. Jakel.