Tag: ex parte reexamination
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Reexamination Practice: One Size Does Not Fit All
I attended a reexamination roundtable at the Patent Office last week where ideas for reexamination reform were proposed. The Patent Office listened and took notes. I thought it was a very productive meeting overall. As the various speakers presented their comments to the questions posed by the Office, it reminded me how everyone views reexamination differently: Patent Owners who…
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Patent Owner Stay Motion Successful Based on Defendants’ Reexam Requests Filed on Eve of Markman
In Fifth Market, Inc. v. CME Group Inc, et al., (1-08-cv-00520, D. Del), the Patent Owner/Plaintiff (Fifth Market, Inc.) sued multiple Defendants on two patents (U.S. Pat. No. 6,418,419 and U.S. Pat. No. 7,024,387) in 2008. Three amended complaints were subsequently filed, the last one on January 10, 2011. The Defendants answered on February 7,…
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TiVo’s Reexamination Strategy Helps Win a Stay in the Northern District of California
The chronology of the dispute between TiVo, AT&T and Microsoft is complex and so are the digital video recorder (DVR) technologies covered in the patents that are asserted. All of these complexities seemed to weigh in favor of a stay in the present case. Some background is necessary to understand these complexities. Litigation Background On August…
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Lockwood Cert Petition Seeks Clarification of Redress for Alleged “Sham” Reexamination Request
In a Petition for Writ of Certiorari dated April 28, 2011, inventor Lawrence B. Lockwood and his company, PanIP, LLC, requested review of the judgment of the Federal Circuit denying its petition for rehearing and rehearing en banc. (The underlying order of the Court of Appeals was issued Nov. 15, 2010, and is reprinted at Lockwood v.…
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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…
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Can Post Grant Review Enhance Patent Quality?
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 a bit as I explore what this may mean for the patent system as a…
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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…
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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…