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ARTICLE · 08 JULY 2010

No Interference-in-Fact Exists Because, Applying the Proper Construction, Junior Patent Is Not Obvious over Senior Reissue Application

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Rolls-Royce, PLC v. United Technologies Corp., No. 09-1307 (Fed. Cir. May 5, 2010), the Federal Circuit held that Rolls-Royce, PLC’s ("Rolls-Royce") junior patent would not have been obvious over United Technologies Corp.’s ("UTC") senior reissue application, thereby determining that there was no interference-in-fact.

United StatesIntellectual Property
Kia Freeman
Kia Freeman
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Judges: Michel, Rader (author), Schall
[Appealed from E.D. Va., Judge Brinkema]

In Rolls-Royce, PLC v. United Technologies Corp., No. 09-1307 (Fed. Cir. May 5, 2010), the Federal Circuit held that Rolls-Royce, PLC's ("Rolls-Royce") junior patent would not have been obvious over United Technologies Corp.'s ("UTC") senior reissue application, thereby determining that there was no interference-in-fact.

In 2003, the Board declared an interference between Rolls-Royce's U.S. Patent No. 6,071,077 ("the '077 patent") and UTC's Reissue Application No. 09/874,931 ("the '931 reissue application"). Based on the earliest available priority dates, the Board named UTC the senior party. Rolls-Royce did not contest its designated priority. The Board defined a single interference count corresponding to claim 23 of UTC's '931 reissue application and claim 8 of Rolls-Royce's '077 patent. Both claims are directed to a stage of a gas turbine engine, which can be used to power

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