Scott Daniels | July 8, 2009
Superior Essex has now filed requests for inter partes reexamination against at least three data cable patents owned by Belden CDT of Canada. Belden had sued Superior Essex in January 2008 for infringement of six patents. Two more patents were added in a Second Amended Compliant filed by Belden this past April.
Superior Essex has now replied with reexamination requests against Belden’s U.S. Patent Nos. 6,570,095, 6,596,944 and 7,339,116.
(August 20, 2009)
The PTO ordered reexamination of the ‘944 patent and simultaneously issued a non-final rejection of all 12 claims on August 19, 2009. Reexamination has been ordered for the ‘116 patent on August 20, 2009, but no Office Action has issued. There is no indication in the PTO docket that any action has been taken by the PTO regarding the ‘095 patent reexamination request.
There is no indication so far whether Superior Essex will seek a stay of the District Court proceeding pending resolution of the reexaminations.