Federal Circuit Clarifies the Error Requirement in Reissue Patents
A valid reissue patent must satisfy 35 U.S.C. § 251, which requires that there be an “error” in the original patent. On December 24, 2014, the Federal Circuit clarified this “error” requirement with its decision in Fleming v. Escort Inc., 2014 U.S. App. LEXIS 24419 (Fed. Cir. 2014). In Fleming, the patentee alleged that he…