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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 appeal, Bianchi, Board, board of patent appeals, BPAI, damages, ex parte reexamination, federal circuit, issued patent, litigation, past damages, patent, patent claims, patent litigation, reexam, SNQ, substantive amendment, Tim Bianchi
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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 appeal, Bianchi, estoppel, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, issued patent, patent, patent reform, patent trial and appeal board, petition, PGR, post-grant review, PTAB, reexam, reexamination, Tim Bianchi
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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 appeal, Bianchi, board of patent appeals, BPAI, claims, clear and convincing, damages, federal circuit, Fractus, inter partes reexamination, issued patent, litigation, patent, patent claims, patent litigation, reexam, reexamination, Tim Bianchi
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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 Bianchi, claims, ex parte reexamination, issued patent, litigation, Microsoft, motion for stay, narrowing, patent, patent claims, patent litigation, reexam, reexamination, stay, Tim Bianchi, TiVo
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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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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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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