Federal Circuit Sends Reissue Patent Tiff Back to PTAB

Written July 10, 2019

The US Court of Appeals for the Federal Circuit on July 5, 2019, held that the Patent Trial & Appeal Board must reexamine Global IP Holdings LLC’s bid to broaden the scope of its patent. In Re: Global IP Holdings LLC, Fed. Cir, No. 2018-1426, 7/5/2019.

Global applied to the PTO to reissue claims of its patent which is related to “carpeted automotive vehicle load floors having sandwich-type composite panels with cellular cores.”

Global replaced the term “thermoplastic” with “plastic” in the patent claims. A PTO examiner rejected the reissue attempt, finding that the patent’s specifications only supported thermoplastics. In switching out the term thermoplastic with plastic, Global would introduce new matter into the patent, making it ineligible for reissue, the examiner found. Global appealed to the Federal Circuit after the PTAB affirmed. The Federal Circuit said the PTAB’s reasoning conflicts with its en banc ruling in Ariad Pharm., Inc. v. Eli Lilly & Co.