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Tag Archives: issued patent
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 … Continue reading
Posted in Appealable, ex parte reexamination, factors for stay, Litigation, reexamination generally, stay, Uncategorized
Tagged Bianchi, claims, ex parte reexamination, issued patent, litigation, Microsoft, motion for stay, narrowing, patent, patent claims, patent litigation, reexam, reexamination, stay, Tim Bianchi, TiVo
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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 … Continue reading
Posted in ex parte reexamination, Litigation, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged appeal, Bianchi, claims, damages, ex parte reexamination, federal circuit, inter partes reexamination, issued patent, jurisdiction, litigation, patent, patent claims, patent litigation, reexam, reexamination, SNQ, substantial new question of patentability, Supreme Court, Tim Bianchi
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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 … 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
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Petition Granted for Rehearing en banc of Akamai Technologies v. Limelight Networks
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
Federal Circuit Decision in In re Tanaka
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
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In re Tanaka
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
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