Archives
Categories
- Adjudicative instead of examinatorial (2)
- America Invents Act (86)
- Aqua Products (1)
- Boardside Chat Report (1)
- Book and Article Reviews (1)
- BRI v. Phillips Construction Issues (1)
- Broadest Reasonable Interpretation standard (16)
- claim challenges (40)
- indefiniteness (5)
- patent-eligible subject matter (17)
- prior art (13)
- statutory subject matter (8)
- Claim Construction (18)
- Claim Preclusion (1)
- clear and convincing evidence (7)
- doctrine of claim differentiation (2)
- Ex Parte Prosecution (23)
- Federal Circuit (17)
- Federal Circuit Review of PTAB Proceedings (4)
- inequitable conduct (2)
- inter partes review (73)
- 315(b) One Year Bar (7)
- estoppel (14)
- IPR Joinder (4)
- Motion to Amend (3)
- serial petitions (2)
- IPR (2)
- Issue Preclusion (1)
- ITC (1)
- joint infringement (1)
- Litigation (85)
- Damages (17)
- enhanced damages (1)
- future damages (3)
- intervening rights (5)
- past damages (9)
- estoppel from administrative proceeding (11)
- Expert (2)
- Joinder Post AIA (5)
- Phillips claim construction (1)
- Prosecution Bar (4)
- Protective Order (3)
- stay (11)
- factors for stay (8)
- Damages (17)
- Mandamus Actions in the Federal Circuit (4)
- Patent Portfolio Management (2)
- Patent Reform (51)
- petitions practice (12)
- Phillips-type construction (7)
- Post Grant Review (71)
- preponderance of evidence (8)
- pro hac vice admission (3)
- PRPS Patent Review Processing System (13)
- PTAB (82)
- PTAB Patent Trials (49)
- PTO Sued Under the APA (11)
- reexamination generally (57)
- Reissue (6)
- Settlements in Post-Grant Proceedings (3)
- software patents (2)
- States rights and sovereign immunity (2)
- supplemental examination (3)
- Supreme Court Review of post-grant issues (2)
- Termination of Post-Grant Proceedings (9)
- Uncategorized (64)
- Webinar (1)
Monthly Archives: February 2011
“Past Damages” and Reexamination for Mature Patents
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
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 Notice v75 pp. 36357-8 (6-25-10) at this link: (Fed Reg v 75 … Continue reading
In re Tanaka
Suppose you issued a patent with several claims, including dependent claims. Now, suppose you wished you had claimed and issued a certain dependent claim, but did not have it in the originally issued patent. That new dependent claim is narrower than your … Continue reading
Posted in Damages, Ex Parte Prosecution, Litigation, reexamination generally, Reissue
Tagged Bianchi, board of patent appeals, BPAI, claims, federal circuit, issued patent, patent, reissue, Tim Bianchi
3 Comments
The Effect of Amendment in Reexam on Past Damages
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 Bianchi, claims, intervening rights, narrowing, patent litigation, reexam, reexamination, Tim Bianchi
1 Comment
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 … Continue reading
Introduction: Why all of the interest in reexamination?
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
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, … Continue reading