Forum US, Inc. v. Flow Valve, LLC, No. 18-1765 (Fed. Cir. June 17, 2019)

From the Opinion

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Flow Valve, LLC appeals from the U.S. District Court for the Western District of Oklahoma’s grant of summary judgment of invalidity of its reissue patent . T he original patent does not disclose the invention claimed in the reis- sue pat ent. The reissue claims therefore do not comply with the original patent requirement of 35 U.S.C. § 251 as a matter of law. We affirm. BACKGROUND I. The Patent-in-Suit Flow Valve owns U.S. Patent No. RE45,878 (“the Reis- sue patent”), entitled “Workpiece Supporting Assembly.” The Reissue patent is a reissue of U.S.