Category Archives: Appealable

Marine 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 where the literal language of a claim was … Continue reading

Posted in absolute intervening rights, Appealable, equitable intervening rights, ex parte reexamination, intervening rights, Litigation, past damages, reexamination generally | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

America 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 (Sec. 8 — see the last post); Post-Grant Review (Sec. … Continue reading

Posted in America Invents Act, Appealable, covered business methods, estoppel, estoppel, ex parte reexamination, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Fractus 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 of $23,129,321 in damages.  The jury found that … Continue reading

Posted in Appealable, Damages, ex parte reexamination, inter partes reexamination, Litigation, past damages, reexamination generally, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , , , , , , | 1 Comment

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

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