Tag Archives: damages

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

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Can Post Grant Review Enhance Patent Quality?

We have all heard about the new post grant review (PGR) aspect of the patent reform legislation.  It is supposed to provide a mechanism for review of the patent initiated in the first year of the patent’s issue.  Please indulge me for … Continue reading

Posted in Damages, Ex Parte Prosecution, Litigation, Post Grant Review, reexamination generally, Uncategorized | Tagged , , , , , , , , , , , , , , | 2 Comments

Federal Circuit Decision in In re Tanaka

You might recall that we discussed the BPAI decision in In re Yasuhito Tanaka in an earlier post.  On April 15, the Federal Circuit reversed the BPAI decision and remanded the matter for further proceedings in accordance with the opinion.  … Continue reading

Posted in Damages, doctrine of claim differentiation, Ex Parte Prosecution, intervening rights, Litigation, past damages, Reissue, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Patent Prosecution in View of Reexamination

In my last post I introduced reexamination briefly.  Once you understand that patent claims can be cancelled in a reexamination, it begs the question of how patent applications and claims can be drafted to survive reexamination.  I have both good news and bad news.  THE BAD NEWS … Continue reading

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Introduction: Why all of the interest in reexamination?

How many times have you heard:  “They got a patent on that!  There’s nothing new about that.  It’s been out there for years!”?  For those versed in patent matters, that is not a surprising reaction to certain issued patents.  The patent issuance procedure in … Continue reading

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