Representative Matters

  • Successfully obtained a USPTO reexamination certificate for client DyStarof its US 5,586,992 patent relating to a method of indigo dyeing previously held invalid by the Federal Circuit. In the corresponding reexamination, the USPTO considered the Federal Circuit’s claim interpretation and analyzed the same prior art before the Federal Circuit. Nevertheless, the USPTO arrived at a different conclusion, disagreeing with key factual issues analyzed by the Federal Circuit in relation to obviousness. In its decision, the USPTO confirmed the patentability of three DyStar claims, allowing three amended claims, and 15 new claims. The USPTO decision ensured that DyStar retained its patent monopoly over its innovative dyeing process.