Category: estoppel
-
Strategic Use of Reexamination in view of the Patent Reform Bill
—
by
in covered business methods, estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, factors for stay, inter partes reexamination, inter partes review, Litigation, motion practice, Post Grant Review, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, Reissue, stay, Substantial New Question (SNQ), supplemental examinationLast week I had the privilege of speaking on reexamination at the AIPLA Electronics and Computer Law Summit. The title of my speech was “Strategic Use of Reexam after Patent Reform – Post-Grant Review and Inter Partes Review.” The powerpoint presentation materials can be found here. The materials assume that the bill currently pending before the Senate is passed substantially intact. The…
-
Estoppel in Post-Grant Review (cont’d)
In the previous post we discussed some aspects of post-grant review (PGR) in the current bill before the Senate. The grounds available for petition in PGR are more comprehensive than those available for traditional reexamination and and also for the grounds of petition slated for inter partes review. So if the estoppel is on grounds that…
-
Post-Grant Review and Estoppel in the Current Patent Reform Bill
When the Senate returns from recess next month it will be debating patent reform, and in particular the Leahy-Smith America Invents Act. A copy of the redlined version passed by the House is found here. (thanks to Brad Pedersen of Patterson Thuente Christensen Pedersen, P.A. for providing this version). Don’t let the amount of redlining fool you because many…