ReexamLink By Tim Bianchi

Patent Prosecution | Litigation | Post-Grant Proceedings

Category: Expert

PTAB Provides More Guidance on Discovery

Jul 21, 2013

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by

Tim Bianchi

in Depositions, Expert, Federal Circuit, Future of PTAB Trial Practice, inter partes review, Litigation, motion practice, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials

On March 5, 2013, the Patent Trial and Appeal Board (PTAB or Board) provided guidance to the bar concerning routine discovery and additional discovery. (See paper 26 in Garmin v. Cuozzo, IPR2012-00001) This decision set forth five factors which are important in determining what constitutes discovery satisfying the “necessary in the interest of justice” standard under 35…
Stays Pending Reexamination and Experts Subject to a Prosecution Bar

Jul 14, 2011

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by

Tim Bianchi

in ex parte reexamination, Expert, factors for stay, inter partes reexamination, Litigation, Prosecution Bar, reexamination generally, stay

In Interval Licensing LLC v. eBay, Inc., et. al., 2-10-cv-01385 (WAWD), Interval Licensing (Interval) filed a motion for reconsideration of an earlier order by the Court to stay the litigation pending reexamination. On July 12, 2011, Judge Marsha J. Pechman denied the motion. The order states that motions for reconsideration are disfavored in that district and that the…