The relevance of
original patent application prosecution history in patent
reexamination remains an unsettled issue at the USPTO. As
we discussed last month, the MPEP mandates the application of Phillips v. AWH
Corp . , 415 F.3d 1303; (Fed. Cir. 2005...
Threat of Injunction Dissolves in Flexiteek Litigation
The initiation of patent
reexamination for patents subject to concurrent litigation can
provide strategic benefits independent of the ultimate outcome of the
reexamination. These litigation...
One of the threshold questions in
considering patent reexamination, whether a patent owner, or third party is:
How long will it take?
This question is also the subject
of significant debate when litigants in a concurrent district court proceeding...
CAFC to Decide Prosecution Laches in
Earlier this year we
discussed the Ex Parte Tanaka decision of the Board of Patent
Appeals & Interferences (BPAI) with respect to "bullet claims" in
patent reissue, now before the...
Last Friday, the BPAI issued a
all rejections in the ex parte reexamination appeal of U.S. Patent
6,513,042 . The patent is owned by Test.com and is directed to methods
of on-line testing of students (test-takers). The patent was...
During an interview with ABC news
this past Sunday, "This Week" Senior White House Advisor David Axelrod fielded
questions on the administration's plan for economic growth. With the
deficit growing, and the Obama White House being assailed...
As we detailed previously, the NTP patent
portfolio has been eviscerated in patent reexamination with over 2200
claims rejected across 8 patents. All 8 patents are now on appeal to the
CAFC, based on my reading of the rejections, it appears unlikely...