Therasense Decision to Influence the Choice Between Ex Parte vs. Inter Partes Patent Reexamination?
On May 25, 2011, the Federal Circuit issued its the long awaited en banc decision in Therasense, Inc. v. Becton, Dickinson & Co . 2008-1511 .
USPTO Proposal Forces Patentee Cooperation in Violation of Statute?
Last Monday, I proposed managing petition practice in inter partes patent reexamination based on the patent interference model already in place. As a reminder, this proposal is responsive...
Today, the Supreme Court issued a unanimous decision in the closely watched case of Microsoft v. i4i . As discussed at length previously , Microsoft sought Supreme Court review of the following issue:
Whether the court of appeals erred in holding that...
Political Maneuvering & Patent Reform
Next week the House is expected to begin
floor debate on the America Invents Act...maybe. Further amendments are
expected to be offered prior to the floor debate, however, two recent
sticking points have...
Public Notice Function of Interview Summary Attacked by Nokia
In ex parte patent reexamination,
the Patentee may "interview" the examiners in charge of the
reexamination in an effort to advance the prosecution of the case. In
Last Wednesday, the USPTO conducted a public meeting to receive comments on their proposals to streamline patent reexamination .
For those that missed the webcast last week, the PTO will be posting
the presentations of the various speakers in the near...
Rare Victory in Patent Reexamination
Since the amendment of claims is not practical in many instances during patent reexamination (due to intervening rights ),
declaration evidence is much more common in patent reexamination as
compared to patent...