United States Federal Circuit

Summary judgment in favor of plaintiff, finding that defendant US Patent and Trademark Office (PTO) acted arbitrarily and capriciously and abused its discretion when it refused to withdraw the terminal disclaimer on the '187 patent, is reversed, where: 1) there is no basis for withdrawing the terminal disclaimer on the '187 patent by means of a certificate of correction under 35 U.S.C. section 255; and 2) miscommunications between plaintiff and its attorney of record leading to the filing of the terminal disclaimer do not excuse plaintiff from being bound by the actions of the attorney, who was authorized to act as their representative.

Appellate Information

• Decided 12/09/2014
• Published 12/09/2014

Judges

• Prost

Court

• United States Federal Circuit

Counsel