As explained in my earlier post entitled Effectively
Presenting a Request For Reexamination (Part I) , I pointed out that
requests for reexamination commonly include argumentation that is irrelevant to
a proper SNQ analysis. For example, these arguments relate to inequitable
conduct, litigation infringement...
-E.D. of Texas Defendants Seek to Ride Off Into the
The E.D. of Texas is well established as the premiere
plaintiff forum for patent holders, speedily deciding patent cases, and
finding patents invalid relatively infrequently. Similarly, the
emergence of patent reexamination as an effective...
Another week, another patent
litigation stayed in a California court pending a concurrent USPTO
reexamination. This week, Judge M. James Lorenz of the U.S. District Court
for the Southern District of California has ordered a stay of the patent
litigation between Synthes and GM Dos Reis Jr. Ind....
Earlier this month, a federal
judge in Florida cited to the PTO's Ex Parte Reexamination Filing Data in denying an
accused infringer's request for a stay pending reexamination of the
patent-in-suit. Fusilamp, LLC v. Littlefuse, Inc. , Case No. 10-20528
(S.D. Fla. June 7, 2010) . Judge Cecilia...
When evaluating a request to stay litigation pending reexamination ,
district courts generally consider three factors: (1) whether a stay would
unduly prejudice or present a clear tactical disadvantage to the non-moving
party; (2) whether a stay will simplify the issues in the litigation and
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...
On August 20, 2010, a motion to
stay the litigation between 3M Innovative Properties Co., et al. and
Envisionware, Inc. (0-09-cv-01594) (NDM) pending the outcome of a parallel
patent reexamination was denied. At issue in the litigation are three of 3M's
patents relating to RFID technology, namely...
Creative Motions Undermine Delay Prejudice
Earlier this week, we explored an
often overlooked rule that could be used by creative defendants to accelerate
inter partes patent reexamination . The rule, 37 CFR
1.953(b), allows parties to an inter partes patent reexamination
to essentially skip...
42% of 2007 Cases Remain Stayed
Patent reexamination parallel to a district court/ITC litigation is
often initiated in an attempt to stay the more cost prohibitive court
proceeding. Court's will stay the ongoing litigation pending the patent
reexamination outcome in the interests of judicial...
Stay of California Litigation Extended to Await USPTO Clarification
Typically, once a case is stayed pending
patent reexamination, periodic status updates are provided to the judge.
Depending upon the progress of the patent reexamination proceedings,
the judge may consider lifting the stay to...
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 this reason, patent reexamination
parallel to a...
Is Appeal Pendency Really Reflected in USPTO Pendency Figures?
In considering whether or not to stay a parallel litigation in view of a pending patent reexamination the court will consider several factors .
One of the more hotly contested factors is whether the stay will unduly
prejudice, or present...
Inter Partes Patent Reexamination Filings Pose Challenge to Lodsys
Late Friday, Google announced that it had filed inter partes patent
reexamination requests against two of the now infamous Lodsys patents,
7,222,078 , and 7,620,565 . Over the past few months, Lodsys has been
Parallel Litigation Stayed in View of "Tremendous" Reexamination Claim Count
When faced with the assertion of a patent of dubious validity,
prospective defendants increasingly resort to patent patent
reexamination. Patent reexamination can be a cost effective mechanism to
Court Cites Change in Inter Partes Reexamination Standard as Justifying Stay
When faced with the assertion of a patent of questionable validity prospective defendants increasingly resort to patent reexamination. Once a suit is filed, the opportunity to obtain a stay of an ongoing district court infringement...