Tag: inter partes reexamination
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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…
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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…
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Stay of Litigation Pending Inter Partes Reexamination Warranted Despite Possible Lengthy Reexam Pendency
District courts are making increasingly detailed and sophisticated decisions on motions to stay litigation pending reexamination. One example is the analysis performed in N Spine Inc. and Synthes USA Sales, LLC v. Globus Medical Inc., (1-1–cv-00300 (DED)). N Spine and Synthes USA Sales (Plaintiffs) sued Defendant Globus for alleged infringement of U.S. Patent No. 7,326,210 (the ‘210 patent) on…
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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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Fractus SA Gets $23M Verdict Against Samsung in Antenna Patent Litigation
In Fractus, S.A. v. Samsung Electronics Co., Ltd., et al. (6:09-CV-203, EDTX), a jury gave a verdict of patent infringement of four different patents owned by Fractus S.A. against Samsung to the tune of $23,129,321 in damages. The jury found that Fractus proved the infringement was willful by clear and convincing evidence. The Verdict Form provides details as to…
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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…