LexisNexis® Legal Newsroom
Concluded Ex Parte Reexamination Results Ignored by District Court?

Estoppel of 35 USC § 317(b) Applies Only to Inter Partes Patent Reexamination One of the risks often associated with ex parte patent reexamination is that an outcome favorable to a patent holder is considered to "gold plate" a patent that is later asserted against the requester...

Patents Post-Grant: Limited Patent Reexamination Choices for Late Stage Litigants

Inter Partes Patent Reexamination is Not Always the Best Choice In the case of Inventio AG v. Otis Elevator Co. (SDNY) [ enhanced version available to lexis.com subscribers ] , the Court found that entry of a permanent injunction was against public interest where a pending ex parte patent reexamination...

Fitch, Even, Tabin & Flannery LLP: Citation of Patent Owner Statements and Application of Estoppel to Ex Parte Reexamination

The Leahy-Smith America Invents Act (AIA) expands the scope of information that third parties may cite in a patent file to include written statements of a patent owner filed in a proceeding before a federal court or before the U.S. Patent and Trademark Office (USPTO). The AIA also provides for the application...