Posts Tagged: reexamination

CAFC: Intervening Rights for Claims Unamended During Reexam*

I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article …
By Eric Guttag
5 years ago 0

America Invents: How the New Law Impacts Your Patent Practice

The America Invents Act, which just recently passed by the Congress and sent to the White House for President Obama’s signature, is the most significant patent …
By Gene Quinn
5 years ago 11

What’s Wrong with Reexamination and How to Make it Better

The real sin is that reexamination could be a much better process. Those in Congress talk about alleviating the burden on the district courts by having a …
By Gene Quinn
5 years ago 11

US Patent Office Proposes Adopting Therasense Standard

In view of Therasense, the Patent Office is proposing to revise the materiality standard for the duty to disclose information to the Office in patent applications and …
By Gene Quinn
5 years ago 17

Torpedoing Patent Rights

The vast number of America’s companies that need patents to prosper and grow should fear the post-grant provisions for challenging patents in H.R. 1249, the patent …
By Judge Paul Michel
5 years ago 16

Wanted: Prior Art to Invalidate Lodsys Patents

Article One Partners is at it again, this time with four patents in the cross-hairs owned by the company suing Apple App Developers for patent infringement — Lodsys. …
By Gene Quinn
5 years ago 15

Inter Partes Reexam: Under Utilized Patent Litigation Defense

In almost all cases, inter partes reexamination is better than ex parte reexamination, except of course where the requester wants to stay anonymous or the application from …
By Gene Quinn
5 years ago 9

Stay Ordered: Paul Allen Patent Litigation Takes Abrupt Detour

The focus of the litigation now shifts to the Patent Office. How Allen’s patent claims will fare in that forum is unknown, but certainly his odds …
By Scott M. Daniels
5 years ago 3

USPTO to Revise Reexam Practice, Is Patent Reform Dead?

The United States Patent and Trademark Office (USPTO) is seeking public comment on a proposal to streamline the procedures governing ex parte and inter partes patent reexamination …
By Gene Quinn
6 years ago 9

The Problem with Software Patents? Uninformed Critics!

Listening to those who code complain about patents is nearly hysterical. They still haven't figured out that by and large they are not innovators, but rather merely …
By Gene Quinn
6 years ago 42

Kodak Facing Patent Defeat to Apple & RIM, Patent Reaffirmed by PTO in Reexam Falters at International Trade Commission

The final decision in the ITC case brought by Kodak is expected by May 23, 2011, after deliberation of the full ITC Commission. As we wait for the full …
By Gene Quinn
6 years ago 10

PLI’s Winter 2011 Schedule Full of Great IP Programs

I am really looking forward to these PLI programs in particular. I will be signed up to attend via webcast the programs I cannot make live, and …
By Gene Quinn
6 years ago 1

Patent Office Orders Reexamination of Tax Related Patent

Typically the Patent Office allows patent owners and third parties to sort out whether a reexamination is necessary. The thought process is that there is no need …
By Gene Quinn
6 years ago 16

Microsoft Petitions PTO to Reverse Refusal to Grant Reexam in i4i Dispute, Could Moot Supreme Court Appeal

At the end of December, we learned that Microsoft had petitioned the PTO Director to order reexamination of the ‘449, and this morning that petition has been released …
By Scott M. Daniels
6 years ago 19

Smucker Loses Reexam Battles, But May Win Litigation War

The Board’s analysis might interest patent prosecutors who routinely face rejections based on “applicant’s admissions,” not to mention the applicants who feel obliged to submit …
By Scott M. Daniels
6 years ago 48