-
Archives
Categories
- Adjudicative instead of examinatorial (2)
- America Invents Act (86)
- Aqua Products (1)
- Boardside Chat Report (1)
- Book and Article Reviews (1)
- BRI v. Phillips Construction Issues (1)
- Broadest Reasonable Interpretation standard (16)
- claim challenges (40)
- indefiniteness (5)
- patent-eligible subject matter (17)
- prior art (13)
- statutory subject matter (8)
- Claim Construction (18)
- Claim Preclusion (1)
- clear and convincing evidence (7)
- doctrine of claim differentiation (2)
- Ex Parte Prosecution (23)
- Federal Circuit (17)
- Federal Circuit Review of PTAB Proceedings (4)
- inequitable conduct (2)
- inter partes review (73)
- 315(b) One Year Bar (7)
- estoppel (14)
- IPR Joinder (4)
- Motion to Amend (3)
- serial petitions (2)
- IPR (2)
- Issue Preclusion (1)
- ITC (1)
- joint infringement (1)
- Litigation (85)
- Damages (17)
- enhanced damages (1)
- future damages (3)
- intervening rights (5)
- past damages (9)
- estoppel from administrative proceeding (11)
- Expert (2)
- Joinder Post AIA (5)
- Phillips claim construction (1)
- Prosecution Bar (4)
- Protective Order (3)
- stay (11)
- factors for stay (8)
- Damages (17)
- Mandamus Actions in the Federal Circuit (4)
- Patent Portfolio Management (2)
- Patent Reform (51)
- petitions practice (12)
- Phillips-type construction (7)
- Post Grant Review (71)
- preponderance of evidence (8)
- pro hac vice admission (3)
- PRPS Patent Review Processing System (13)
- PTAB (82)
- PTAB Patent Trials (49)
- PTO Sued Under the APA (11)
- reexamination generally (57)
- Reissue (6)
- Settlements in Post-Grant Proceedings (3)
- software patents (2)
- States rights and sovereign immunity (2)
- supplemental examination (3)
- Supreme Court Review of post-grant issues (2)
- Termination of Post-Grant Proceedings (9)
- Uncategorized (64)
- Webinar (1)
Tag Archives: patent litigation
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
Leave a comment
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 … Continue reading
Posted in Appealable, ex parte reexamination, inter partes reexamination, merger, petitions practice, Procedural - Petitionable, reexamination generally, Reissue, Substantial New Question (SNQ)
Tagged appeal, Bianchi, board of patent appeals, ex parte reexamination, inter partes reexamination, patent, patent litigation, petition, reexam, reexamination, reissue, SNQ, substantial new question of patentability, Tim Bianchi
Leave a comment
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
2 Comments
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
Leave a comment
More on Fractus Inter Partes Reexams
Scott Daniels has created a great table summarizing the current status of the Fractus reexams. That table is posted on his blog today with a status of each individual reexamination.
“Past Damages” and Reexamination for Mature Patents
An earlier post discussed the impact of amendments in reexamination, but there are some dynamics we should explore for “mature” patents. A mature patent is an old patent that is close to expiration. (For example, a patent that has less … Continue reading
The Effect of Amendment in Reexam on Past Damages
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?
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
What is www.ReexamLink.com?
Welcome to www.ReexamLink.com. It is a blog about patent reexamination, reissue, opposition and related patent procedures. ReexamLink.com will include the interplay between ex parte prosecution, reexamination, litigation, and appeals. It is intended to provide useful content for litigators, prosecutors, and anyone interested in patent law. Please send any comments, … Continue reading