The U.S. Court of Appeals for the Federal Circuit did not sound in any rush Friday to correct what’s been called “a rogue ruling” that threatens mass invalidation of thousands of continuation patents.
Morrison & Foerster partner Joseph Palmore pleaded with a Federal Circuit panel to endorse the long-standing practice of the U.S. Patent and Trademark Office that treats continuations as filed “before” their parent patents issue—and therefore as timely—even when both happen the same day.
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