Scott Daniels | March 21, 2011
The PTO Board of Appeals handed Chimei Innolux an important victory today (here) in its inter partes reexamination of Mondis’ U.S. Patent No. 6,306,236. The examiner had previously withdrawn a prior art rejection of the ‘236 claims, but the Board disagreed, restoring the rejection of the claims and adding a new prior art rejection that had been proposed in Chimei’s original request. Mondis’ options, now, are to request that the Board reconsider its decision or to reopen prosecution.
The ‘236 patent, that claims a system for adjusting a picture on a display apparatus sent from an external computer, is one of ten patents that are the subject of an infringement case filed by Mondis in Texas against Chimei, Hon Hai, Fujinan and Top Victory. One interesting aspect of the Board’s decision is its finding that the preamble of the ‘236 claims limits their scope; the court in Texas had reached the same conclusion in its claim construction ruling in January.