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Federal Circuit Abandons Abandonment As Defense: Federal Circuit Holds Improper Revival Of Abandoned U.S. Patent Application Is No Defense In An Action Involving The Validity Of A U.S. Patent.

Publication: Mondaq Business Briefing
Publication Date: 26-SEP-08 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Federal Circuit Abandons Abandonment As Defense: Federal Circuit Holds Improper Revival Of Abandoned U.S. Patent Application Is No Defense In An Action Involving The Validity Of A U.S. Patent.(Aristocrat Technologies Australia Pty Limited's case against International Game Technology Inc.)

Article Excerpt
On September 22, 2008, the Federal Circuit announced in Aristocrat Technologies Australia Pty Limited v. International Game Technology an interpretation of the Patent Act that limits the types of alleged errors by the PTO that can lead to a declaration of invalidity in a patent infringement action. Hewing closely to the text of the Patent Act, the Federal Circuit held that improper revival cannot be used as a defense.

Background

The infringement action was brought by Aristocrat Technologies Australia Pty Limited and Aristocrat Technologies, Inc. (together "Aristocrat") claiming that International Game Technology and IGT (together "IGT") infringed its patents relating to a slot machine game system. In response, IGT argued that the patents were invalid because Aristocrat's initial patent application was abandoned as a matter of law when Aristocrat missed the deadline for filing the required fee when it entered the U.S. national stage from its PCT application. Although the PTO had granted Aristocrat's petition to revive the application after Aristocrat showed that the delay in paying the filing fee was "unintentional," IGT argued that the PTO had exceeded its authority...

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