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Monthly Archives: April 2011
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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Update: RIM and Fractus Settle Antenna Patent Litigation
Law360 reports in an article dated April 22, 2011, that Research in Motion and Fractus filed a motion to dismiss in Texas federal court because of a settlement deal in the Fractus antenna patent litigation. No terms of the agreement were disclosed … Continue reading
Posted in Uncategorized
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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
Federal Circuit Decision in In re Tanaka
You might recall that we discussed the BPAI decision in In re Yasuhito Tanaka in an earlier post. On April 15, the Federal Circuit reversed the BPAI decision and remanded the matter for further proceedings in accordance with the opinion. … Continue reading
Posted in Damages, doctrine of claim differentiation, Ex Parte Prosecution, intervening rights, Litigation, past damages, Reissue, Uncategorized
Tagged Bianchi, Board, board of patent appeals, BPAI, claims, damages, doctrine of claim differentiation, federal circuit, intervening rights, issued patent, narrowing, past damages, patent claims, patent litigation, reissue, substantive amendment, Supreme Court, tanaka, Tim Bianchi
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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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