Reissue Can Correct Any Error

Medrad, Inc. v. Tyco Healthcare Group LP, [06-1082] (Fed. Cir. 2006) [LINN, Michel, Archer) The Federal Circuit reversed summary judgment that plaintiff's Reissue Patent was invalid for violation of 35 USC 251.
SIGNIFICANCE: Reissue can be used to correct any error in a patent that results in claims broader or narrower then they should be.
BRIEF: Medrad reissued its patent, but in the process corrected additional errors that were not supported by its reissue oath. When Medrad sought to enforce its reissued patent before the ITC, the reissued patent was held invalid. Medrad reissued the patent again to provde the necessary supplemental declaration. When Medrad sought to enforce the twice reissued patent against Tyco, Tyco aruged that the absence of the supplemental declaration was a procedural defect that could not be corrected under 35 USC 251. The Federal Circuit determined that 35 USC 251 can be read to "encompass any error that causes a patentee to claim more or less than he had a right to claim." Given the remedial nature of the statute such a liberal construction was entirely appropriate. Without an express indicatino from the statute, the Federal Circuit was hesitant to adpot further limitations on the types of errors that are correctable under 35 USC 251.