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...
Patent reexamination has evolved
into a highly effective risk management tool for organizations faced with
potential patent infringement liability. This post grant review mechanism of
the USPTO is increasingly employed not only as a true alternative...
Back on September 25, 2005, Judge
Farnan of the United States District Court for the District of Delaware stayed
the litigation between Hasbasit Belting, Inc. v. Rexnord Industries, Inc.
( Civil Action 03-185 ) relating to U.S. Patent 6,523,680 . The...
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...