Tag Archives: reexamination

Factors in Deciding Motions to Stay Litigation Pending Reexamination

Posted on March 23, 2011 by Tim Bianchi

If a patent is in reexamination at the outset of a patent infringement action, there is a possibility of obtaining a stay from the district court.  But motions to stay are not always successful, and they are decided  after consideration … Continue reading →

Posted in factors for stay, inter partes reexamination, Litigation, reexamination generally, stay | Tagged , , , , , , , | 2 Comments

Fractus, S.A. Patent Reexaminations Ordered

Posted on March 21, 2011 by Tim Bianchi

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 … Continue reading →

Posted in Litigation, reexamination generally | Tagged , , , , , , , , , | 8 Comments

Microsoft v. i4i – Part III: Changing the Presumption of Validity: Impact on Reexamination Practice

Posted on March 15, 2011 by Tim Bianchi

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 … Continue reading →

Posted in Ex Parte Prosecution, Litigation, reexamination generally, Substantial New Question (SNQ), Uncategorized | Tagged , , , , , , , , , | Leave a comment

“Past Damages” and Reexamination for Mature Patents

Posted on February 28, 2011 by Tim Bianchi

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 →

Posted in Damages, future damages, Litigation, past damages, reexamination generally, stay, Uncategorized | Tagged , , , , , , , , , , , | Leave a comment

Ex parte Yasukochi BPAI Decision on Appeal 2/22/2011

Posted on February 24, 2011 by Tim Bianchi

On June 25, 2010, the Patent Office clarified its procedure for seeking review of a finding of a substantial new question of patentability in ex parte reexamination proceedings.  See Federal Register Notice v75 pp. 36357-8 (6-25-10) at this link:  (Fed Reg v 75 … Continue reading →

Posted in Appealable, ex parte reexamination, petitions practice, Procedural - Petitionable, reexamination generally, Substantial New Question (SNQ) | Tagged , , , , , , , , | Leave a comment

The Effect of Amendment in Reexam on Past Damages

Posted on February 22, 2011 by Tim Bianchi

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 , , , , , , , | 1 Comment

Patent Prosecution in View of Reexamination

Posted on February 21, 2011 by Tim Bianchi

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 … Continue reading →

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Introduction: Why all of the interest in reexamination?

Posted on February 19, 2011 by Tim Bianchi

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 →

Posted in Ex Parte Prosecution, Litigation, reexamination generally, Uncategorized | Tagged , , , , , , , , | Leave a comment

What is www.ReexamLink.com?

Posted on February 15, 2011 by Tim Bianchi

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 →

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