Tag: ex parte prosecution
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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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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 a request to file new briefs addressing this question: If separate entities each perform separate…
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Microsoft v. i4i – Part III: Changing the Presumption of Validity: Impact on Reexamination Practice
Posted March 14, 2011 The prior post discussed only some of the many options the Supreme Court has in the Microsoft v. i4i case (i4i). In summary, the presumption of validity of a patent as we currently know it may be changed and the standard of proof required for an accused infringer to prove invalidity…
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Patent Prosecution in View of Reexamination
In my last post I introduced reexamination briefly. Once you understand that patent claims can be cancelled in a reexamination, it begs the question of how patent applications and claims can be drafted to survive reexamination. I have both good news and bad news. THE BAD NEWS The bad news is that it is impossible to know all of the prior art…
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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