Forum US, Inc. v. Flow Valve, LLC

Reyna, Circuit Judge.

*1348 Flow Valve, LLC appeals from the U.S. District Court for the Western District of Oklahoma's grant of summary judgment of invalidity of its reissue patent. The original patent does not disclose the invention claimed in the reissue patent. The reissue claims therefore do not comply with the original patent requirement of 35 U.S.C. § 251 as a matter of law. We affirm.

BACKGROUND

I. The Patent-in-Suit

Flow Valve owns U.S. Patent No. RE45,878 ("the Reissue patent"), entitled "Workpiece Supporting Assembly." The Reissue patent is a reissue of U.S. Patent No. 8,215,213 ("the '213…