Tag Archives: prosecution bar

Prosecution Bars and PTAB Practice

In an earlier post we explored many ways that reexamination differs from post-grant review, inter partes review, and covered business method review. The PTAB has been very clear that reexamination and AIA patent trials are very different.  For example, in … Continue reading

Posted in covered business methods, inter partes review, Litigation, motion practice, Post Grant Review, Prosecution Bar, Protective Order, PTAB, PTAB Patent Trials, reexamination generally | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Protective Orders in View of Reexamination

In 55 Brake, L.L.C. v. Audi of America, Inc. et. al., (case 1-08-cv-00177, IDD), plaintiff 55 Brake is a patent owner asserting patent infringement of its ‘587 patent by several large automobile manufacturers.  The parties entered a protective order to … Continue reading

Posted in ex parte reexamination, inter partes reexamination, Litigation, Prosecution Bar, Protective Order, reexamination generally, Uncategorized | Tagged , , , , , , , , , , , , | Leave a comment

Stays Pending Reexamination and Experts Subject to a Prosecution Bar

In Interval Licensing LLC v. eBay, Inc., et. al., 2-10-cv-01385 (WAWD),  Interval Licensing (Interval) filed a motion for reconsideration of an earlier order by the Court to stay the litigation pending reexamination.  On July 12, 2011, Judge Marsha J. Pechman denied the motion. … Continue reading

Posted in ex parte reexamination, Expert, factors for stay, inter partes reexamination, Litigation, Prosecution Bar, reexamination generally, stay | Tagged , , , , , , , , , , , , , | Leave a comment