By Scott A. McKeown
District Court Stay Pending Patent Reexamination By-passed Via ITC
The initiation of patent reexamination parallel to a district court patent infringement proceeding has become quite routine over the past few years. The use...
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...
Working Patent Reexamination Developments Into the Appeal Record
Previously, I discussed how an appellant sought relief at the CAFC from an earlier Markman Order under Fed. R. Civ. P. 60(b) . The Appellant argued on appeal that a recently concluded...
New Therasense Guidelines to Invite Extrinsic Evidence Abuse?
As discussed yesterday, the USPTO has proposed to modify asepcts of Rule 1.56(b) and Rule 1.555 (b) to comport to the materiality standard of the recent Therasense decision of the CAFC ...
As we reported earlier, on August 14, 2012, the U.S. Patent and Trademark Office (USPTO) published final rules in the Federal Register implementing supplemental examination provisions and revised reexamination fees. The patent owner may file a request...
By Dabney Carr
In a precedential decision on May 17, the Federal Circuit affirmed the PTO's rejection in reexamination of patent claims on the grounds of obviousness even though the Court had previously affirmed a district court's judgment...
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...
June Meeting to Consider Proposed Changes
As discussed previously, the USPTO has been hard at work
formulating proposed changes to patent reexamination that would reduce
pendency and streamline these important office proceedings as a
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...
It would be so nice if something
made sense for a change - Alice (in Wonderland)
Earlier this week, the BPAI affirmed the rejection of
certain means-plus-function claims of patent 5,283,862 in Ex
Parte Lund (BPAI 2010-005851). Claim 1 recites the...
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...
Interval Licensing Litigation Stayed Pending Patent Reexamination
Former Microsoft founder Paul Allen has made headlines recently by asserting the patents of his company, Interval Licensing against the 11 industry stalwarts (Apple, Google, Facebook...
Court Cites ACP as Supportive of Summary Judgment of Invalidity
Generally, when reexamination evidence is used to support contentions of patent claim invalidity, the accused infringers do not simply attempt to equate the grant of a request for reexamination...
Proper Petition Practice Especially Critical in Patent Reexamination
In most cases, the distinction between
appealable vs. petitionable issues at the USPTO is quite clear. For
example, if you believe that a patent examiner has prematurely entered...
NTP Patent Reexaminations & Key Patent Reissue Cases
With not much going on between
holidays, a look forward to 2011 shows some interesting post grant
issues teed up at the CAFC.
Oral arguments have been
scheduled for In re Tanaka (January...