Ex parte Yasukochi BPAI Decision on Appeal 2/22/2011
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...
View ArticleUse 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...
View ArticlePetitions 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...
View ArticleThe 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...
View ArticleTiVo’s Reexamination Strategy Helps Win a Stay in the Northern District of...
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...
View ArticleFractus SA Gets $23M Verdict Against Samsung in Antenna Patent Litigation
In Fractus, S.A. v. Samsung Electronics Co., Ltd., et al. (6:09-CV-203, EDTX), a jury gave a verdict of patent infringement of four different patents owned by Fractus S.A. against Samsung to the tune...
View ArticleAmerica Invents Act: Post-Grant Procedures for Patent Challengers
Now that the America Invents Act has become law there are several new provisions for patent challengers to consider. For example, the Act includes: preissuance submissions by third party challengers...
View ArticleMarine Polymer Technologies v. HemCon, Inc. and Intervening Rights
Marine Polymer Technologies, Inc. v. HemCon, Inc. (Fed. Cir. 2011) is a widely reported case that raises some questions about the scope of the application of intervening rights. It involves a matter...
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