Featured Posts
- Facebook Loses Reexaminations of Pragmatus’ Patents
- How is Reexamination Treating Round Rock Research?
- Reexamination has not Saved Apple against MobileMedia Patents, So Far
- What is an “Involved Application” in IPR Practice?
- Apple Victorious over Affinity Labs of Texas’ Portable Audio Player Patent
- Think IP Strategy Offers 2011 News Almanac
- An Update on Oracle’s Infringement Case against Google
- PTO Requests Public Comment on Proposed Rules for AIA Post-Issuance Proceedings
- Microsoft-i4i, Oracle-Google & VirnetX-Apple-Cisco Updates
- Oracle Patent to Emerge from Reexamination
- VirnetX again Sues for Infringement, and again Faces Reexaminations
- How Strong are Google’s Requests for Reexamination of the Lodsys Patents?
- PTO Board Sides with NVIDIA on Two Rambus “Barth I” Patents
- Oracle ‘520 Moves toward Confirmation in Reexamination
- Google Gets Mixed Result against Oracle’s Seventh Patent
- Did Google Request Reexamination of Lodsys Patents?
- Two Updates
- Oracle v. Google Android® Update
- Rambus Wins Limited Exclusion Order at ITC against NVIDIA, despite Pending Reexaminations
- 最初が肝心：不備のない再審査請求書を作成するために
- That’s My Patent You’re Reexamining…
- “Why Wait for Oppositions?” by Scott Daniels, 47 IDEA 343 (Law Review of Franklin Pierce Law School)
- The Basics
Noteworthy Links
- "The Interplay between Reexaminations, Preliminary Injunctions and Stays of Litigation" - by Dennis Crouch at PATENTLYO.COM
Favorite Patent Blogs
- All Things Pros
- CAFC Alert
- FDA Law Blog
- IPWatchdog
- Patent Docs
- Patently-O
- PLI Patent Law Practice Center
- Think IP Strategy
- US Patent Post-Grant Opposition
Recent Requests
PTO Statistics
Microsoft Files Request Against VirnetX
| November 25, 2009
Microsoft filed today a request for inter partes reexamination of U.S. Patent No. 7,188,180.
The ‘180 patent is entitled METHOD OF ESTABLSIHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS OF VIRTUAL PRIVATE NETWORK. It is owned by VirnetX, which had earlier sued Microsoft in the Eastern District of Texas for infringement of that patent, as well as of two other patents.
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Apple Fires Back at Affinity
| November 23, 2009
Affinity Labs of Texas sued Apple earlier this year, alleging infringement of U.S. Patent Nos. 7,187,947, 7,440,772 and 7,486,926, from the sales of Apple’s iPod, iPhone and iPod Touch. Judge Clark transferred the case to the Northern District of California in August.
On November 13, Apple filed requests for inter partes reexamination of each of the Affinity patents. The PTO is expected to answer the requests by early February.
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Inter Partes Requests Filed the Week of November 16th
| November 23, 2009
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for inter partes requests which often involve significant copending District Court litigation, is unfair. We will therefore review the Patent Office files each week to identify inter partes reexamination requests filed the previous week.
This past week, the following requests were made:
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Facebook Files Second Reexamination Request
| November 13, 2009
Facebook has filed its second reexamination request attacking the validity of U.S. Patent No. 7,139,761. Late last year, the owner of the ‘761 patent, Leader Technologies, had sued Facebook in Delaware for infringement.
Today’s inter partes request asserts 10 substantial new questions of patentability (SNQs) based on references that were not cited or considered during the original ‘761 prosecution.
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Flash Chromatography Case Stayed
| November 10, 2009
Scientific Plastic Products’ case against Biotage has been stayed pending the PTO’s resolution of inter partes reexaminations for the patents-in-suit.
On April 3, 2009, Scientific Plastics sued Biotage, alleging infringement of U.S. Patent Nos. 7,138,061, 7,381,327 and 7,410,571 regarding low pressure flash chromatographic cartridges. Biotage replied on August 21 by filing reexamination requests against each of the three patents and three days later, moved to stay the case. Judge Anello granted the stay on October 6.
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Google Seeks Reexamination of Information Retrieval Patents
| November 9, 2009
Nearly two years ago, IP Innovation sued Google in the Eastern District of Texas for infringement of U.S. Patent Nos. 5,276,785 and 5,675,819 relating to document information retrieval. Both patents were originally owned by Xerox.
Google replied with requests for ex parte reexamination against each patent. The PTO has now ordered reexamination of the ‘785 patent, finding a series of substantial new questions of patentability (SNQs) with respect to each claim for which reexamination had been sought.
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That’s My Patent You’re Reexamining…
| November 6, 2009
The number of ex parte and inter partes reexaminations has climbed in recent years. But whose patents are being reexamined?
Starting with the first Official Gazette in January of this year, and running through November 3, we counted the number of patents for each company, with the following results:
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High Brightness Diodes to be Reexamined
| November 3, 2009
The PTO announced today ex parte reexaminations of U.S. Patent Nos. 7,335,924 and 7,384,808 which relate to high-brightness light emitting diodes. The ‘924 and ‘808 patents are owned by Huga Optotech. The requests were filed by Epistar on August 3, 2009.
Late last year Epistar filed a complaint in the District of Columbia seeking declaratory judgment that the ‘924 and ‘808 patents, as well as U.S. Patent No. 6,287,882, were invalid and not infringed. Shortly after filing the present reexamination requests, Epistar filed a notice of voluntary dismissal of that declaratory judgment action.
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