LexisNexis® Legal Newsroom
Patents Post-Grant: Higher Patent Reexamination Threshold Suffers from SNQ Hangover

Claim-by-Claim Application of RLP Standard a Problem for Patent Challengers in Late Stage, Parallel Litigation As the era of Inter Partes Patent Reexamination (IPX) draws to a close, recent third party requesters are finding the the new standard for initiating IPX to be quite problematic. The higher...

Patents Post-Grant: CAFC Sides with USPTO on SNQ Debate

CAFC Finds SNQ Denial Not Subject to Appeal in Inter Partes Patent Reexamination Back in March of 2011, an expanded panel of the Board of Patent Appeals & Interferences (BPAI) decided Belkin International et al., v. Optimumpath LLC . Belkin's appeal stemmed from a denial of a proposed SNQ...

Sheppard Mullin Richter & Hampton LLPS: Belkin International, Inc. v. Kappos - A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination

By Michael Murphy and Martin Bader On Tuesday of last week [Oct. 2nd], the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does not raise a substantial new question...