BPAI Affirms Claims of Expired Patent in Ex Parte Reexamination
The rejection of all claims (save
25, which was confirmed) of expired Patent 4,925,294 , (hereinafter, "'294
Patent") owned by Three-Dimensional
Media Group LTD., was affirmed by the BPAI on Monday . In affirming the...
In re Lund Affirmed Per Curiam
Last May, Ex parte Lund was decided by the Board of Patent Appeals & Interferences (BPAI) ( here ). In the decision, the Board affirmed the rejection of the reexamined claims based upon the construction of the claim language electrical connecting means adapted to...
Claim Interpretation Practices in Patent Reexamination
As discussed over the past few months, the USPTO is considering
various proposals in an attempt to streamline patent reexamination. The
proposals of the speakers at the June 1 public meeting, as well as the
webcast, are found ( here ).
Parallel Patent Reexamination Qualifies as Newly Discovered Evidence Under Fed. R. Civ. P. 60(b)
It is well established that the USPTO
utilizes different standards of evidence and claim interpretation in
patent reexamination. Likewise, there is no presumption of validity in
A successful reexamination from a defendant perspective does not always result in an overt claim change or cancellation. In other words, even where claims are confirmed, statements in the reexamination record that are inconsistent with arguments made in a concurrent litigation may provide key evidence...
Failure to Focus Means Plus Function Debate in Patent Reexamination
Last week [Jan. 8th] in In re Avid Identification Systems Inc . [ enhanced version available to lexis.com subscribers ], the CAFC affirmed the USPTO's rejection of certain claims of U.S. Patent 5,499,017 in ex parte patent reexamination...