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Tag Archives: claims
En Banc Decision in Marine Polymer v. HemCon: Amended or New Claims are Candidates for Possible Intervening Rights
In my earlier post, I summarized the panel opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc. On September 26, 2011, a panel of the Federal Circuit reversed the district court’s decision, concluding that HemCon had acquired intervening rights in the … Continue reading
Posted in absolute intervening rights, Damages, equitable intervening rights, intervening rights, Litigation, past damages, reexamination generally, Reissue
Tagged appeal, Bianchi, claims, damages, ex parte reexamination, federal circuit, inter partes reexamination, intervening rights, issued patent, litigation, past damages, patent, patent claims, patent litigation, reexam, reexamination, reissue, substantive amendment, Tim Bianchi
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Do You Want That Post-Grant Review Super-Sized? – Part III
This is the third post in a series of articles on PGR strategies. In Part I, I made the point that while patents come in all shapes and sizes, post-grant reviews (PGRs) basically come in two sizes. By statute, the … Continue reading
Posted in America Invents Act, covered business methods, Damages, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, ex parte reexamination, inter partes review, Litigation, past damages, Patent Reform, petitions practice, Post Grant Review, raised or reasonably could have raised, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged Bianchi, claims, damages, estoppel, ex parte prosecution, ex parte reexamination, inter partes review, intervening rights, issued patent, litigation, narrowing, past damages, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, post-grant review, reexam, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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Do You Want That Post-Grant Review Super-Sized? – Part II
This is the second post in a series of articles on PGR strategies. In my last post I made the point that while patents come in all shapes and sizes, post-grant reviews (PGRs) don’t. PGRs are very different from ex … Continue reading
Posted in America Invents Act, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, motion practice, Patent Reform, Post Grant Review, PTAB, reexamination generally, Uncategorized
Tagged Bianchi, claims, ex parte prosecution, inter partes review, issued patent, litigation, patent, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, post-grant review, reexamination, Tim Bianchi
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Do You Want That Post-Grant Review Super-Sized? – Part I
Patents come in all shapes and sizes. There are long ones, short ones, ones that are hard to read, and easy ones. Some have 1 claim and some have 200 claims. Some have valid claims, and some not-so-much. But when it comes to … Continue reading
Posted in America Invents Act, motion practice, Patent Reform, petitions practice, Post Grant Review, PTAB, supplemental examination, Uncategorized
Tagged Bianchi, claims, inter partes review, issued patent, litigation, patent, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, post-grant review, reexam, reexamination, stay, Tim Bianchi
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New, More Popular Post-Grant Patent Challenges Drive Patent Generation Strategy
Patent Generation and Enforcement Before the Popularity of Post-Grant Proceedings Patent Owners adopt different approaches for drafting patent applications. For large companies a patent production line approach is frequently adopted which limits the cost and the commensurate drafting efforts on any particular … Continue reading
Posted in America Invents Act, Damages, estoppel, Ex Parte Prosecution, ex parte reexamination, future damages, inter partes reexamination, inter partes review, Litigation, past damages, Patent Reform, Post Grant Review, PTAB, reexamination generally
Tagged Bianchi, claims, damages, estoppel, ex parte prosecution, ex parte reexamination, inter partes reexamination, inter partes review, intervening rights, issued patent, past damages, patent, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, post-grant review, reexam, reexamination, substantive amendment, 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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Lockwood Cert Petition Seeks Clarification of Redress for Alleged “Sham” Reexamination Request
In a Petition for Writ of Certiorari dated April 28, 2011, inventor Lawrence B. Lockwood and his company, PanIP, LLC, requested review of the judgment of the Federal Circuit denying its petition for rehearing and rehearing en banc. (The underlying order … Continue reading
Posted in ex parte reexamination, Litigation, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged appeal, Bianchi, claims, damages, ex parte reexamination, federal circuit, inter partes reexamination, issued patent, jurisdiction, litigation, patent, patent claims, patent litigation, reexam, reexamination, SNQ, substantial new question of patentability, Supreme Court, Tim Bianchi
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Reexamination Practice: One Size Does Not Fit All
I attended a reexamination roundtable at the Patent Office last week where ideas for reexamination reform were proposed. The Patent Office listened and took notes. I thought it was a very productive meeting overall. As the various speakers presented their comments … Continue reading →