Category: ex parte reexamination
-
The Patent Office Wants Your Ideas for Streamlining Reexamination
On Monday, April 25, 2011, the Federal Register announced a public meeting to solicit opinions on a number of changes being considered at the U.S. Patent Office to streamline both ex parte reexamination and inter partes reexamination proceedings. Written comments can also be submitted to the Patent Office by June 29, 2011. Some of the…
-
Patent Owner Reexamination Requests with Parallel Litigation
You have worked hard and obtained a patent for your company. You do your homework and believe that your competitor is infringing your patent. You ultimately engage the help of a litigation team and sue the competitor for patent infringement. But your competitor is now a defendant and responds with allegations of invalidity based on publication…
-
Reexamination Result Used in Reversal of Finding of Exceptional Case Attorney Fees
In Old Reliable Wholesale, Inc. v. Cornell Corp. decided March 16, 2011 (Fed. Cir. Appeal No. 2010-1247), the Federal Circuit reversed the lower court’s finding of an exceptional case based on a positive reexamination result. Briefly, Old Reliable sued Cornell for patent infringement in 2006. Cornell filed an ex parte reexamination of the Old Reliable patent…
-
Ex parte Yasukochi BPAI Decision on Appeal 2/22/2011
On June 25, 2010, the Patent Office clarified its procedure for seeking review of a finding of a substantial new question of patentability in ex parte reexamination proceedings. See Federal Register Notice v75 pp. 36357-8 (6-25-10) at this link: (Fed Reg v 75 pp36357-8 (6-25-10) – re Ex Parte Reexam Proc). In short the Notice provides that: 1) …