Tag Archives: claims

Can Post Grant Review Enhance Patent Quality?

Posted on April 23, 2011 by Tim Bianchi

We have all heard about the new post grant review (PGR) aspect of the patent reform legislation. It is supposed to provide a mechanism for review of the patent initiated in the first year of the patent’s issue. Please indulge me for … Continue reading →

Posted in Damages, Ex Parte Prosecution, Litigation, Post Grant Review, reexamination generally, Uncategorized | Tagged Bianchi, claims, damages, ex parte prosecution, ex parte reexamination, inter partes reexamination, issued patent, litigation, patent, patent claims, patent litigation, patent prosecution, reexam, reexamination, Tim Bianchi | 2 Comments

Petition Granted for Rehearing en banc of Akamai Technologies v. Limelight Networks

Posted on April 22, 2011 by Tim Bianchi

On April 20, 2011, the Federal Circuit granted the petition by Akamai Technologies for rehearing en banc its appeal in Akamai Technologies, Inc. v. Limelight Networks, Inc. The order vacated the earlier opinion of December 20, 2010. The order includes … Continue reading →

Posted in Ex Parte Prosecution, joint infringement, Litigation, Uncategorized | Tagged appeal, Bianchi, claims, ex parte prosecution, federal circuit, inter partes reexamination, issued patent, joint infringement, litigation, narrowing, petition, reexamination, reissue, Tim Bianchi | Leave a comment

Federal Circuit Decision in In re Tanaka

Posted on April 21, 2011 by Tim Bianchi

You might recall that we discussed the BPAI decision in In re Yasuhito Tanaka in an earlier post. On April 15, the Federal Circuit reversed the BPAI decision and remanded the matter for further proceedings in accordance with the opinion. … Continue reading →

Posted in Damages, doctrine of claim differentiation, Ex Parte Prosecution, intervening rights, Litigation, past damages, Reissue, Uncategorized | Tagged Bianchi, Board, board of patent appeals, BPAI, claims, damages, doctrine of claim differentiation, federal circuit, intervening rights, issued patent, narrowing, past damages, patent claims, patent litigation, reissue, substantive amendment, Supreme Court, tanaka, Tim Bianchi | Leave a comment

In re Tanaka

Posted on February 23, 2011 by Tim Bianchi

Suppose you issued a patent with several claims, including dependent claims. Now, suppose you wished you had claimed and issued a certain dependent claim, but did not have it in the originally issued patent. That new dependent claim is narrower than your … Continue reading →

Posted in Damages, Ex Parte Prosecution, Litigation, reexamination generally, Reissue | Tagged Bianchi, board of patent appeals, BPAI, claims, federal circuit, issued patent, patent, reissue, Tim Bianchi | 3 Comments

The Effect of Amendment in Reexam on Past Damages

Posted on February 22, 2011 by Tim Bianchi

Generally speaking, patent claims that are confirmed in reexamination without substantive changes retain all of the damages they would have obtained as if there was no reexam. [Note that there are always exceptional situations. For example, there are patent cases where a … Continue reading →

Posted in Damages, reexamination generally | Tagged Bianchi, claims, intervening rights, narrowing, patent litigation, reexam, reexamination, Tim Bianchi | 1 Comment

Introduction: Why all of the interest in reexamination?

Posted on February 19, 2011 by Tim Bianchi

How many times have you heard: “They got a patent on that! There’s nothing new about that. It’s been out there for years!”? For those versed in patent matters, that is not a surprising reaction to certain issued patents. The patent issuance procedure in … Continue reading →

Posted in Ex Parte Prosecution, Litigation, reexamination generally, Uncategorized | Tagged Bianchi, claims, damages, patent, patent litigation, patent prosecution, reexam, reexamination, Tim Bianchi | Leave a comment