Tag: patent
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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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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.
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Petitions Practice for SNQ Findings in Inter Partes Reexaminations
A prior post emphasized the importance of a well crafted petition in cases where the examiner determines that there is no SNQ in an inter partes reexamination request. Recall that the BPAI determined it had no jurisdiction to review of a determination that there was no SNQ (for certain claims) in inter partes reexamination control no. 95/001,089 (Belkin International v Optimumpath…
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Use Petitions to Reverse Determination of No SNQ in Inter Partes Reexaminations
You see a competitor’s patent and believe it is invalid. You perform a prior art search and find prior art that you think would render at least some of the patent claims unpatentable. So after thinking about it some more, you decide to file a reexamination request in the Patent Office. In that request you illustrate that the prior art…
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Fractus, S.A. Patent Reexaminations Ordered
In large patent litigations it has become more likely to see defendants request reexamination of the patents asserted. Some of the advantages of doing so were outlined in prior posts. Fractus, S.A., is a company headquartered in Spain that sells and licenses technology relating to fractal antennas. Fractus asserted nine patents against a number of defendants last year. Defendants Kyocera,…
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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 independent claim that issued, so this is not a case of a broadening reissue. Now…
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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 the U.S. relies on examination of a patent application. The sources and tools for examination are increasing…
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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, corrections, or suggestions to make the blog better. Tim Bianchi