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In re Kostic (Fed. Cir., May 6, 2025) 2023-1437

This episode is about an opinion from the United States Court of Appeals for the Federal Circuit in the case of IN RE: MIODRAG KOSTIC, GUY VANDEVELDE, concerning their appeal from a United States Patent and Trademark Office decision. The case centers on a reissue application for U.S. Patent No. 8,494,950, titled "System for Conducting an Exchange of Click-Through Traffic on Internet Web Sites." The core issue is whether a reissued claim (claim 3) improperly broadened the scope of the original patent claims, which is prohibited by 35 U.S.C. § 251(d) when the application is filed more than two…

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