AstraZeneca UK Ltd. v. Aurobindo Pharma Ltd.

I respectfully dissent. There can be no infringement of U.S. Reissue Patent No. 37,314 (the “'314 patent”) because that patent is invalid for improper reissue. Reissue is available under 35 U.S.C. § 251 to rectify an “error” resulting from inadvertence, accident, or mistake. No such error was present in U.S. Patent No. 5,260,440 (the “ '440 patent”), so there is no basis upon which it could properly be reissued. Furthermore,'Shionogi Seiyaku Kabushiki Kaisha (“Shionogi”) has forfeited the right to obtain reissue by its failure to exercise due diligence in seeking to rectify the alleged defect…