Posts Tagged: reexamination


CAFC Muddle: Deciphering the Marine Polymer En Banc Ruling*

Where the en banc decision gets particularly interesting (and adversarial) is with respect to the second question, namely when does “intervening rights” apply to reexamined claims? By …
By Eric Guttag
6 years ago 1

What Do the Proposed Patent Fee Changes Really Mean?*

Let’s first consider one of the “bread and butter” components of patent prosecution, the utility application filing fee. Actually, this basic fee comprises three components: the …
By Eric Guttag
6 years ago 7

Bio/Pharma Amici Brief Filed in Marine Polymer Reexam Appeal

On September 26, 2011, the a three-judge-panel of the United States Court of Appeals for the Federal Circuit issued a ruling in Marine Polymer Technologies, Inc. v. HemCon, Inc., …
By Gene Quinn
6 years ago 4

Patents for Humanity Announced at White House Event

I had the honor of being invited to the White House today for the Innovation for Global Development Event, which was held in support of the President’…
By Gene Quinn
6 years ago 13

Proposed Rules for Supplemental Examination, Revised Reexamination Fees and Deadline for Satellite Office Comments

The United States Patent and Trademark Office (USPTO) is proposing rules of practice in patent cases to implement the supplemental examination provisions of the America Invents Act. …
By Gene Quinn
6 years ago 1

CAFC: PTO Has Power to Reexamine Already Adjudicated Patents

The CAFC’s split panel decision this past week – In re Construction Equipment Company – extends the PTO’s authority to reexamine a patent even where its validity …
By Scott M. Daniels
6 years ago 14

America Invents: The Unintended Consequences of Patent Reform

Notwithstanding the inherent unreliability of legislative history and the truly scary prospect of trying to get inside the head of Members of Congress, it seems fairly clear …
By Gene Quinn
6 years ago 18

America Invents: A Simple Guide to Patent Reform, Part 2

I have done quite a bit of writing about the America Invents Act, but I have been a bit derelict in providing the sequel to America Invents: …
By Gene Quinn
6 years ago 5

A Winning Patent Infringement Defense: Reexamination Creates Intervening Rights, Erases $29.4 Million Verdict

Companies accused of patent infringement are increasingly looking at patent reexamination at the Patent Office as an attractive avenue for challenging the patent’s validity. Reexamination offers …
By Scott M. Daniels
6 years ago 1

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
6 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
6 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
6 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
6 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
6 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
6 years ago 15