Last Friday two decisions of the Federal Circuit touched
upon patent reexamination practices. In this post we will examine the
first decision, Leviton Manufacturing Company, Inc. v. Universal Security
Instruments, Inc./Shanghai Meihao Electric Inc. v. Leviton Manufacturing
Company, Inc .
Texas Court Likens Issuance of Continuation Patents During Litigation
to Patent Reexamination
As discussed yesterday, willful
infringement exists where an accused infringer acted "despite an objectively
high likelihood that its actions constituted infringement of a valid patent ."