ReexamLink By Tim Bianchi

Patent Prosecution | Litigation | Post-Grant Proceedings

Tag: prior art

Patent Due Diligence and Evaluation After the AIA

Jul 18, 2016

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by

Tim Bianchi

in America Invents Act, claim challenges, covered business methods, inter partes review, Litigation, Patent Portfolio Management, Patent Reform, Post Grant Review, Prosecution Guidelines, PTAB, PTAB Patent Trials

Many factors must be considered for due diligence and valuation of a patent portfolio. The patent owner’s desire to have broad claims that capture a large number of infringements must be tempered against its need for claims that will not be deemed invalid in view of prior art. Before the America Invents Act (AIA), patents…
Microsoft v. i4i and the Presumption of Validity – Part 1

Mar 5, 2011

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by

Tim Bianchi

in Ex Parte Prosecution, Litigation, reexamination generally

Posted March 5, 2011 In Microsoft v. i4i, which has been granted certiorari by the Supreme Court, Microsoft’s position is that the presumption of validity should not be enjoyed by a patent owner for prior art not considered by an Examiner in ex parte prosecution of a patent application. The upshot of its position is…