In Re Tanaka Decision on "Bullet Claims" Reversed at CAFC
Today, the CAFC has held that the addition
of narrower, dependent claims in patent reissue is an "error"
contemplated by the patent reissue statute. In re Tanaka (CAFC...
SNQ Standard Removed by Proposed Manager Amendment
Today, the Chairman of the House Judiciary Committee circulated a Manager's Amendment to H.R. 1249. ( here ). There were several notable changes to the proposed Inter Partes Review and Post Grant...
Increasingly, courts are presented with evidence of a parallel patent
reexamination and must determine whether/when such evidence is admissible.
Admissibility of evidence is governed by the Federal Rules of Evidence
("FRE"). In recent cases...
Confirmed Dependent Claims Confuse Court?
It seems every day there is a new decision
issued in a district court addressing a motion to stay pending patent
reexamination. (certainly I have written my fair share of posts on the topic ).
House to Introduce Modified Bill Early Next Week (UPDATED FRIDAY)
With the America Invents Act out of the Senate , the House is expected to introduce a slightly revised version of the bill next week. House Judiciary Chairman Lamar Smith ,
42% of 2007 Cases Remain Stayed
Patent reexamination parallel to a district court/ITC litigation is
often initiated in an attempt to stay the more cost prohibitive court
proceeding. Court's will stay the ongoing litigation pending the patent...
Lack of Patent Reexamination Discussion in Microsoft Brief Emphasized
As I pointed out last month, the patent reexamination statutes arguably reinforce the CAFC's reading of § 282 .
That is to say, by providing the patent reexamination statutes...