Reexamination Requests Filed the Week of August 9th

Scott Daniels | August 18, 2010

The pace of new reexamination requests slowed a bit this past week.  One of the more interesting is the request filed August 9th against a design patent owned by Durham for a portion of a cabinet shelf.  As we have previously reported, reexamination of design patents tends to be much more rigorous than original prosecution.  In the case of the Durham patent, the third party requester characterized the patented design as “identical” to the prior art or at least “within the zone of obviousness.”  Interestingly, the third party requester did not attempt, on the basis of recent case law, to assert that the features shown in the drawings are functional and therefore not available to support patentability over the prior art.

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting.

The following inter partes requests were made:

(1)   95/001,417 (electronically filed) – U.S. Patent No. 7,244,519 owned by TDY Industries Incorporated and entitled PDV COATED RUTHENIUM FEATURED CUTTING TOOLS.  Filed August 6, 2010 by Ingersoll Cutting Tool Company.  The ‘519 patent is currently the subject of a litigation styled TDY Industries Incorporated v. Ingersoll Cutting Tool Company (W.D. Pa., Case No. 2:10-cv-00790-CB, filed June 10, 2010).

(2)   95/001,418 (electronically filed) – U.S. Patent No. 7,674,481 owned by Osmose, Inc. and entitled MICRONIZED WOOD PRESERVATIVE FORMULATIONS.  Filed August 13, 2010 by Arch Wood Protection, Inc.  The ‘481 patent is currently the subject of a litigation styled Osmose, Inc. v. Arch Chemicals, Inc. (E.D. Va., Case No. 2:10-cv-00108-JBF-TEM, filed Mar. 9, 2010).

(3)   95/001,419 (electronically filed) – U.S. Patent No. 7,672,499 owned by Cummins-Allison Corp. and entitled METHOD AND APPARATUS FOR CURRENCY DISCRIMINATION AND COUNTING.  Filed August 13, 2010 by Amro-Asian Trade, Inc.

And the following ex parte requests were made:

(1)   90/011,149 (electronically filed) – U.S. Patent No. 6,197,287 owned by the Societe d’Exploitation de Produits pour les Industries Chimiques Seppic and entitled THICKENING LATEX, MANUFACTURING PROCESS AND COSMETIC APPLICATIONS.  Filed August 6, 2010.

(2)   90/011,150 (electronically filed) – U.S. Patent No. 7,676,192 owned by RadioShack Corporation and entitled RADIO SCANNER PROGRAMMED FROM FREQUENCY DATABASE AND METHOD.  Filed August 9, 2010.

(3)   90/011,151 (electronically filed) – U.S. Patent No. 6,330,592 owned by SBJ IP Holdings I, LLC and entitled METHOD, MEMORY, PRODUCT, AND CODE FOR DISPLAYING PRE-CUSTOMIZED CONTENT ASSOCIATED WITH VISITOR DATA.  Filed August 9, 2010.  The ‘592 patent is currently the subject of a litigation styled SBJ IP Holdings 1, LLC v. Blockbuster Inc. (E.D. Tex., Case No. 2:09-cv-00029-CE, filed Jan. 22, 2009).

(4)   90/011,152 (electronically filed) – U.S. Patent No. 6,096,329 owned by Merial and entitled INSECTICIDAL COMBINATION TO CONTROL MAMMAL FLEAS, IN PARTICULAR FLEAS ON CATS AND DOGS.  Filed August 10, 2010.

(5)   90/011,153 (electronically filed) – U.S. Patent No. 7,300,233 owned by Joerg Guehring and entitled SHAFT TOOL AND ASSOCIATED COOLANT/LUBRICANT FEEDING POINT.  Filed August 11, 2010 by the patent owner.

(6)   90/011,154 (electronically filed) – U.S. Patent No. 7,295,668 owned by Noetica Ltd. and entitled PREDICTIVE DIALING BY MONITORING PROGRESS OF AGENT SCRIPT.  Filed August 12, 2010.

(7)   90/011,155 (electronically filed) – U.S. Patent No. 5,568,000 owned by Dial Manufacturing, Inc. and entitled MULTIPLE POLE, SHADED POLE SUBFRACTIONAL-HORSEPOWER INDUCTION MOTOR.  Filed August 13, 2010.

(8)   90/011,156 (electronically filed) – U.S. Patent No. 5,802,398 owned by Synchrome Technology, Inc. and entitled METHOD AND APPARATUS FOR ALLOWING COMMUNICATION BETWEEN A HOST COMPUTER AND AT LEAST TWO STORAGE DEVICES OVER A SINGLE INTERFACE.  Filed August 13, 2010.

(9)   90/009,782 (paper filed) – U.S. Patent No. 6,193,856 owned by Asahi Glass Company Ltd. and entitled TARGET AND PROCESS FOR ITS PRODUCTION, AND METHOD FOR FORMING A FILM HAVING A HIGHLY REFRACTIVE INDEX.  Filed July 22, 2010.

(10)   90/009,792 (paper filed) – U.S. Patent No. 7,595,000 owned by ProChemTech International, Inc. and entitled OPERATION OF EVAPORATIVE COOLING TOWER WITH MINIMAL OR NO BLOWDOWN.  Filed July 30, 2010.

(11)   90/009,793 (paper filed) – Information not currently available.

(12)   90/009,794 (paper filed) – U.S. Patent No. 6,213,110 owned by Kee Action Sports I LLC and entitled RAPID FEED PAINTBALL LOADER.  Filed July 30, 2010 by the patent owner.

(13)   90/009,795 (paper filed) – U.S. Patent No. 5,653,760 owned by Bruce N. Saffran and entitled METHOD AND APPARATUS FOR MANAGING MACROMOLECULAR DISTRIBUTION.  Filed August 3, 2010.  The ‘760 patent is currently the subject of two litigations, styled: (1) Saffran v. Abbott Laboratories (E.D. Tex., Case No. 2:09-cv-00256-TJW-CE, filed Aug. 24, 2009); and (2) Saffran v. Johnson & Johnson (E.D. Tex., Case No. 2:07-cv-00451-TJW, filed Oct. 9, 2007).

(14)   90/009,796 (paper filed) – U.S. Patent No. D568,648 owned by The Durham Manufacturing Company and entitled PORTION OF A CABINET SHELF.  Filed August 9, 2010 by Metal Fabricating Corp.

(15)   90/009,797 (paper filed) – U.S. Patent No. 7,320,691 owned by Pacific Bioscience Laboratories, Inc. and entitled APPARATUS AND METHOD FOR ACOUSTIC/MECHANICAL TREATMENT OF EARLY STAGE ACNE.  Filed August 4, 2010 by Pretika Corporation.  The ‘691 patent is currently the subject of a litigation styled Pacific Bioscience Laboratories, Inc. v. Pretika Corporation (W.D. Wash., Case No. 2:10-cv-00231-JLR, filed Feb. 8, 2010).

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