Microsoft v. i4i – Part III: Changing the Presumption of Validity: Impact on...
Posted March 14, 2011 The prior post discussed only some of the many options the Supreme Court has in the Microsoft v. i4i case (i4i). In summary, the presumption of validity of a patent as we...
View ArticlePatent Owner Reexamination Requests with Parallel Litigation
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...
View ArticleUse Petitions to Reverse Determination of No SNQ in Inter Partes Reexaminations
You see a competitor’s patent and believe it is invalid. You perform a prior art search and find prior art that you think would render at least some of the patent claims unpatentable. So after...
View ArticlePetitions Practice for SNQ Findings in Inter Partes Reexaminations
A prior post emphasized the importance of a well crafted petition in cases where the examiner determines that there is no SNQ in an inter partes reexamination request. Recall that the BPAI determined...
View ArticleThe Patent Office Wants Your Ideas for Streamlining Reexamination
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...
View ArticleLockwood Cert Petition Seeks Clarification of Redress for Alleged “Sham”...
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...
View ArticleStrategic Use of Reexamination in view of the Patent Reform Bill
Last week I had the privilege of speaking on reexamination at the AIPLA Electronics and Computer Law Summit. The title of my speech was “Strategic Use of Reexam after Patent Reform – Post-Grant Review...
View ArticleDo 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....
View ArticlePreissuance Submission Final Rules Published July 17, 2012
The Patent Office has published its final rules for preissuance submissions under the AIA. A copy of the final rules can be found here (2012-16710). I briefly summarized the rule requirements in a...
View ArticleAIA Patent Trials Differ from Reexamination
In the past few months, I have had discussions with many different stakeholders about how AIA post-grant review differs from conventional reexamination. AIA patent trials (post-grant review or PGR,...
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