LexisNexis® Legal Newsroom
Case Stayed 5 years in Favor of Inter Partes Patent Reexamination to Restart?

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 stay was entered in favor of inter partes reexamination...

Estoppel by Inaction, BPAI Forecloses Argument in Patent Reexamination

Silence in Original Prosecution History Used Against Patent Owner As discussed previously, prosecution history is applied inconsistently in patent reexamination claim interpretation analysis . In applying a plain meaning analysis to claim language, prosecution history is considered as a necessary...