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Tag Archives: reexamination
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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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
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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
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.
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 … Continue reading
Posted in Appealable, Ex Parte Prosecution, inter partes reexamination, petitions practice, Procedural - Petitionable, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged appealable, Bianchi, Board, board of patent appeals, BPAI, central reexamination unit, CRU, director, inter partes reexamination, jurisdiction, patent, patent counsel, petition, reexamination, SNQ, Tim Bianchi
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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 … Continue reading
Posted in Appealable, inter partes reexamination, petitions practice, Procedural - Petitionable, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged 35 USC 312, 35 USC 315, appeal, Bianchi, Board, board of patent appeals, BPAI, director, inter partes reexamination, jurisdiction, nonappealable, patent, patentability, petition, reexam, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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Patent Owner Reexamination Requests with Parallel Litigation
You have worked hard and obtained a patent for your company. You do your homework and believe that your competitor is infringing your patent. You ultimately engage the help of a litigation team and sue the competitor for patent infringement. But … Continue reading
More on Fractus Reexaminations
My earlier post had an incomplete list of the Fractus reexaminations. A better compilation is found in a document titled: Supplemental Notification of Concurrent Proceedings Pursuant to 37 C.F.R. §1.985 which is found in Reexam Control No. 95/001,414 (see item dated … Continue reading