Posts Tagged: reexamination
Petition for Rehearing en banc filed in Plasmart v. Kappos
This case intrigued me from the start because it seemed rather odd that there should be a nonprecedential opinion in an appeal to the Federal Circuit necessitated …
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 …
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 …
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., …
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’…
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. …
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 …
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 …
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: …
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 …
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 …
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 …
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 …
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 …
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 …
