Posts Tagged: reexamination


Apple Design Patent Rejected in Reexamination by USPTO

Earlier this month the Central Reexamination Unit of the United States Patent and Trademark Office (USPTO) issued a non-final rejection of an Apple design patent at the …
15 days ago 6

Collateral Estoppel Applies to Reexam Claim

The Federal Circuit held that the district court correctly applied collateral estoppel to the ’774 patent because reexamined claim 33 contains the same memory limitation previously found in claims 1 …
9 months ago 0

Soverainv. Newegg: Not an Ordinary Obviousness Dispute

The absolute truth known to everyone in the innovation community is that pioneering innovations become commonplace. What was revolutionary at the time the invention was made becomes …
2 years ago 24

Part 2 – The AIA: A Boon for David or Goliath?

Our inter partes challenge data from pre- and post-passage of the AIA clearly show that of the relatively few initial denials made by the USPTO of an …
2 years ago 2

A Factured Fairytale Part 3: More Patent Troll Myths

Myth 4: Patents of NPEs fare much more poorly in reexamination proceedings brought during litigation than those of Producers. Truth: When one includes independent inventors and independent inventors …
2 years ago 1

Kappos on Patent Trial and Appeal Board Trial Proceedings

Kappos explained that the PTAB has started and will continue, in at least some cases, to issue shorter per curiam decisions, which will allow them to decide …
2 years ago 1

David Kappos Headlines Post-Grant Patent Trial Program in NY

A new addition to the program just announced today is David Kappos, who is the immediate former Director of the United States Patent and Trademark Office. Kappos, …
2 years ago 1

Managing Costs of Patent Litigation

It’s no secret patent litigation costs are immense. According to the American Intellectual Property Law Association, the cost of an average patent lawsuit, where $1 million to $25 …
3 years ago 4

Dueling Press Releases Over Reexamination Ordered by USPTO

The substantial new question of patentability standard is lower than the prima facie case of unpatentability standard needed for a patent examiner to make a valid rejection. …
3 years ago 2

The Enforcement of Bad Patents is the Problem

Right now the best business to be in at the moment is the patent enforcement business, at least if you are concerning yourself with low-risk monetization with …
3 years ago 18

Supplemental Examination at the USPTO

At the conclusion of the supplemental examination if the certificate issued indicates that a substantial new question of patentability is raised an ex parte reexamination will be …
3 years ago 9

USPTO Proposes Significantly Higher Patent Fees

The recurring theme will be decreased fees for those who qualify for micro-entity status, but increased fees for everyone else. That is great, but micro-entity status will …
3 years ago 8