Success in Halting Infringement Case Varies Across Courts/Judges
Courts have the inherent power to manage their dockets, including the
authority to stay patent infringement litigation pending the conclusion
of a Patent Office reexamination. For...
Further Fee Diversion Wrangling Unlikely
As the saying goes, "almost" only counts in
horseshoes and hand grenades. Recent events suggest that patent reform
can now be added to the list.
Last week, H.R. 1249 was passed by the House...
Interval Licensing Litigation Stayed Pending Patent Reexamination
Former Microsoft founder Paul Allen has made headlines recently by asserting the patents of his company, Interval Licensing against the 11 industry stalwarts (Apple, Google, Facebook...
When Inter Partes Patent Reexamination Becomes One Sided
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,...
Oath Addressing Only New Claims Acceptable
Last week the BPAI considered an application for patent reissue ( U.S. Patent 5,819,034 ) Ex Parte Kuiacose Joseph et al .
The appeal considered the propriety of an oath in a patent reissue
that did not...
Significant Amendments Targeted for H.R. 1249
Hold up, wait a minute.
The America Invents Act has been seemingly
remixed and re-released as the "Leahy-Smith America Invents Act." All
Republicans, throw your hands up, all Democrats...
Therasense Decision to Influence the Choice Between Ex Parte vs. Inter Partes Patent Reexamination?
On May 25, 2011, the Federal Circuit issued its the long awaited en banc decision in Therasense, Inc. v. Becton, Dickinson & Co . 2008-1511 .