NEWS RELEASE
January 5, 2011
(Westfield, NJ)
Contact:
Ray P. Janeczek
Direct Dial: 908.518.6369 or
rjaneczek@ldlkm.com
In response to our client Glatt filing a patent infringement lawsuit in federal district court, the defendant Vector Corp. filed a request to have Glatt's patent on machinery used to coat fine particles (such as pharmaceuticals) reexamined by the U.S. Patent and Trademark Office ("PTO"). In reexamination, the Examiner rejected an important claim of Glatt's patent, and the rejection was upheld by the Board of Patent Appeals and Interferences. Glatt appealed the Board’s decision to the U.S. Court of Appeals for the Federal Circuit.
In a precedential, unanimous decision, the Federal Circuit reversed in favor of our client Glatt, finding that the PTO "has failed to make a proper prima facie case of obviousness." The Federal Circuit also held that the PTO improperly rejected objective evidence of nonobviousness submitted by Glatt that included unexpected results, long felt need, and commercial success due to the improvement of the patented invention.
As a result of this decision, the PTO has stated its intention to issue Glatt a reexamination certificate. Glatt will now move forward with the district court action for patent infringement against Vector Corp.
About Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Since its founding in 1969, Lerner David has been devoted exclusively to intellectual property law. The firm has earned a solid reputation for active and effective client representation in the Patent and Trademark Office, in the courts and at the bargaining table — but our role as “counselors” remains paramount. By providing sound, practical advice, Lerner David’s 70+ attorneys help clients make informed, intelligent choices about the benefits and risks associated with intellectual property.
