Legal Opinion
Aristocrat Technologies Australia Pty Ltd. v. International Game Technology & IGT
Court of Appeals for the Federal Circuit
Decided September 22, 2008No. 2008-1016PublishedCited by 31 opinions
1Opinion of the Court
LINN, Circuit Judge.
The district court concluded that the U.S. Patent and Trademark Office “improperly revived” U.S. Patent No. 7,056,-215 after it was abandoned during prosecution, and therefore held it (and the continuation patent that followed it) invalid on summary judgment. We conclude that “improper revival” is not a cognizable defense in an action involving the validity or infringement of a patent. Thus, we reverse the district court’s grant of summary judgment and remand for proceedings consistent with this opinion.
I. BACKGROUND
Aristocrat Technologies Australia Pty, Ltd. and…
2Cases cited12 opinions
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