Tag Archives: inter partes reexamination

Estoppel in Post-Grant Review (cont’d)

Posted on August 20, 2011 by Tim Bianchi

In the previous post we discussed some aspects of post-grant review (PGR) in the current bill before the Senate. The grounds available for petition in PGR are more comprehensive than those available for traditional reexamination and and also for the … Continue reading →

Posted in estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Post Grant Review, reexamination generally | Tagged Bianchi, ex parte reexamination, inter partes reexamination, inter partes review, issued patent, patent, patent litigation, patent reform, PGR, post-grant review, reexam, reexamination, Tim Bianchi | 1 Comment

Post-Grant Review and Estoppel in the Current Patent Reform Bill

Posted on August 15, 2011 by Tim Bianchi

When the Senate returns from recess next month it will be debating patent reform, and in particular the Leahy-Smith America Invents Act. A copy of the redlined version passed by the House is found here. (thanks to Brad Pedersen of Patterson Thuente Christensen … Continue reading →

Posted in estoppel, ex parte reexamination, inter partes reexamination, Litigation, Post Grant Review, PTAB, reexamination generally | Tagged America Invents Act, Bianchi, estoppel, ex parte reexamination, inter partes reexamination, Leahy-Smith, patent reform, post-grant review, reexam, reexamination, Tim Bianchi | 1 Comment

Stay of Litigation Pending Inter Partes Reexamination Warranted Despite Possible Lengthy Reexam Pendency

Posted on July 21, 2011 by Tim Bianchi

District courts are making increasingly detailed and sophisticated decisions on motions to stay litigation pending reexamination. One example is the analysis performed in N Spine Inc. and Synthes USA Sales, LLC v. Globus Medical Inc., (1-1–cv-00300 (DED)). N Spine and Synthes USA Sales … Continue reading →

Posted in factors for stay, inter partes reexamination, Litigation, reexamination generally, reexamination pendency, stay | Tagged appeal, Bianchi, inter partes reexamination, issued patent, litigation, motion to stay, patent, patent claims, patent litigation, reexam, reexamination, reexamination pendency, Tim Bianchi | Leave a comment

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

Fractus SA Gets $23M Verdict Against Samsung in Antenna Patent Litigation

Posted on May 25, 2011 by Tim Bianchi

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 | 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

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