Scott Daniels | April 14, 2011
RIM’s strategy for dealing with the infringement suit filed against it by MobileMedia Ideas is off to a good start. At the beginning of January, RIM requested ex parte reexamination of MobileMedia’s U.S. Patent No. 7,349,012 claiming an “imaging apparatus” useful for cell phones. The PTO has now ordered reexamination, and on the same day, it issued an Office Action rejecting each of the ‘012 claims. The reexamination examiner adopted each of RIM’s rejections “substantially as proposed.”
It is not unusual for the PTO to issue rejections on the same day as it orders reexamination or to adopt all the requester’s proposed rejections. What might justifiably encourage RIM, however, is the fact that the examiner noted that the newly cited prior art references disclose the specific features of the ‘012 independent claims that the original examiner had found absent from the prior art before him.
The ‘012 patent was originally assigned to Sony, later assigned to SCA IPLA Holdings, and sent from there to MobileMedia. Tempering RIM’s success so far is the fact the ‘012 patent is only one of 12 MobileMedia patents in the law suit against RIM.