Category: Prosecution Bar
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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 ScentAir Technologies v. Prolitec, Inc. (IPR2013-00179 (JL)), the PTAB denied authorization for ScentAir to file…
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Pro Hac Vice Admission Challenge to Test Extent of Participation of Litigation Team Member with Knowledge under Protective Order in Covered Business Method Patent Review
In the first covered business-method patent review ever filed (CBM2012-000001), SAP America and Versata Development Group are in a dispute as to whether a litigation attorney for Versata should be admitted pro hac vice in the PTAB trial. Apparently there is concern by SAP’s counsel about the attorney’s participation, because the Versata litigator was exposed…
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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 control the discovery of confidential information. It bars litigation counsel in the case from participating…
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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. The order states that motions for reconsideration are disfavored in that district and that the…