A district court has the authority to correct an obvious drafting error in a patent, the U.S. Court of Appeals for the Federal Circuit has ruled, reversing a judgment invalidating the affected patent claim.
On Aug. 10, a unanimous panel in CBT Flint Partners LLC v. Return Path Inc.reversed a July 2008 summary judgment ruling by Judge Thomas Thrash Jr. of the Northern District of Georgia. Thrash had ruled that a claim in a patent owned by CBT Flint Partners was invalid for indefiniteness, believing that he was not authorized to correct the error. By that time, the claim was the only one left in CBT’s infringement suit.
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