LexisNexis® Legal Newsroom
BPAI Applies an Implied Claim Construction in Patent Reexamination Appeal

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 affirmed by the BPAI on Monday . In affirming the...

Patents Post-Grant: CAFC Affirms Rejection of Means Plus Function Claims in Patent Reexamination

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 language electrical connecting means adapted to...

Patents Post-Grant: Reigning in Patent Reexamination Grant Rates

Claim Interpretation Practices in Patent Reexamination As discussed over the past few months, the USPTO is considering various proposals in an attempt to streamline patent reexamination. The proposals of the speakers at the June 1 public meeting, as well as the webcast, are found ( here ). Throughout...

Patents Post-Grant: Can a Favorable Patent Reexamination Record Undo a Markman Order?

Parallel Patent Reexamination Qualifies as Newly Discovered Evidence Under Fed. R. Civ. P. 60(b) It is well established that the USPTO utilizes different standards of evidence and claim interpretation in patent reexamination. Likewise, there is no presumption of validity in patent reexamination...

Patents Post-Grant: Perceived Patent Reexamination Misstep Haunts Plaintiff

A successful reexamination from a defendant perspective does not always result in an overt claim change or cancellation. In other words, even where claims are confirmed, statements in the reexamination record that are inconsistent with arguments made in a concurrent litigation may provide key evidence...

Patents Post-Grant: PTO Scolded for Lax Patent Reexamination Practices

Failure to Focus Means Plus Function Debate in Patent Reexamination Last week [Jan. 8th] in In re Avid Identification Systems Inc . [ enhanced version available to lexis.com subscribers ], the CAFC affirmed the USPTO's rejection of certain claims of U.S. Patent 5,499,017 in ex parte patent reexamination...