Estoppel of 35 USC § 317(b) Applies Only to Inter Partes Patent
One of the risks often associated
with ex parte patent reexamination is that an outcome favorable to a patent
holder is considered to "gold plate" a patent that is later asserted against
Can an Ongoing Patent Reexamination be Stopped?
With most patent reexaminations
now being conducted concurrent to a district court or ITC proceeding, a common
question of such plaintiffs is "what becomes of the patent reexamination once
the litigation settles?"
In the case of ex parte...