Tag Archives: ex parte reexamination

Protective Orders in View of Reexamination

Posted on July 16, 2011 by Tim Bianchi

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 Bianchi, claims, ex parte reexamination, inter partes reexamination, litigation, patent, patent litigation, patent prosecution, prosecution bar, protective order, reexam, reexamination, Tim Bianchi | Leave a comment

Stays Pending Reexamination and Experts Subject to a Prosecution Bar

Posted on July 14, 2011 by Tim Bianchi

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 Bianchi, ex parte reexamination, inter partes reexamination, litigation, motion to stay, patent, patent litigation, patent prosecution, prosecution bar, reexam, reexamination, SNQ, stay, Tim Bianchi | Leave a comment

Reexamination Practice: One Size Does Not Fit All

Posted on June 7, 2011 by Tim Bianchi

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 →

Posted in Special Dispatch, Uncategorized | Tagged appeal, Bianchi, Board, board of patent appeals, BPAI, claims, commentary, ex parte reexamination, inter partes reexamination, issued patent, patent, patent claims, reexam, reexamination, special dispatch, Tim Bianchi | 1 Comment

Patent Owner Stay Motion Successful Based on Defendants’ Reexam Requests Filed on Eve of Markman

Posted on May 25, 2011 by Tim Bianchi

In Fifth Market, Inc. v. CME Group Inc, et al., (1-08-cv-00520, D. Del), the Patent Owner/Plaintiff (Fifth Market, Inc.) sued multiple Defendants on two patents (U.S. Pat. No. 6,418,419 and U.S. Pat. No. 7,024,387) in 2008. Three amended complaints were … Continue reading →

Posted in ex parte reexamination, factors for stay, Litigation, reexamination generally, stay, Uncategorized | Tagged Bianchi, ex parte reexamination, issued patent, litigation, motion to stay, patent, patent litigation, reexam, reexamination, stay, three factor test, Tim Bianchi | Leave a comment

TiVo’s Reexamination Strategy Helps Win a Stay in the Northern District of California

Posted on May 11, 2011 by Tim Bianchi

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 | Leave a comment

Lockwood Cert Petition Seeks Clarification of Redress for Alleged “Sham” Reexamination Request

Posted on May 7, 2011 by Tim Bianchi

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 | Leave a comment

The Patent Office Wants Your Ideas for Streamlining Reexamination

Posted on April 27, 2011 by Tim Bianchi

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 | Leave a comment

Can Post Grant Review Enhance Patent Quality?

Posted on April 23, 2011 by Tim Bianchi

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 Bianchi, claims, damages, ex parte prosecution, ex parte reexamination, inter partes reexamination, issued patent, litigation, patent, patent claims, patent litigation, patent prosecution, reexam, reexamination, Tim Bianchi | 2 Comments

Patent Owner Reexamination Requests with Parallel Litigation

Posted on March 25, 2011 by Tim Bianchi

You have worked hard and obtained a patent for your company. You do your homework and believe that your competitor is infringing your patent. You ultimately engage the help of a litigation team and sue the competitor for patent infringement. But … Continue reading →

Posted in ex parte reexamination, Litigation, reexamination generally, stay, Substantial New Question (SNQ) | Tagged admissions, Bianchi, ex parte reexamination, litigation, patent owner, reexamination, requester, substantial new question of patentability, Tim Bianchi | 1 Comment

Reexamination Result Used in Reversal of Finding of Exceptional Case Attorney Fees

Posted on March 17, 2011 by Tim Bianchi

In Old Reliable Wholesale, Inc. v. Cornell Corp. decided March 16, 2011 (Fed. Cir. Appeal No. 2010-1247), the Federal Circuit reversed the lower court’s finding of an exceptional case based on a positive reexamination result. Briefly, Old Reliable sued Cornell for … Continue reading →

Posted in ex parte reexamination, Litigation, reexamination generally | Tagged attorney fees, Bianchi, ex parte reexamination, Exceptional Case, Tim Bianchi | Leave a comment

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