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
RFID Case Stayed for Reexaminations
| September 23, 2009
On August 3, 2009, we reported that Toray had moved to stay the law suit filed against it by Avery Dennison, in view of a series of inter partes reexaminations that Toray had filed. In the suit, Avery Dennison accuses Toray of infringing three patents related to RFID labels.
Judge Patel has now granted the stay. She noted that the PTO had issued Office Actions rejecting all the claims of each of the three patents, and that Avery Dennison did not oppose the stay.
USPTO Announces Reexamination Request for MBI Patent
| September 22, 2009
The PTO announced today that Shimano, Inc., has filed a request for an inter partes reexamination of U.S. Patent No. 7,503,868 owned by MBI, Co., Ltd., of South Korea. The ‘868 patent is entitled “Automatic Speed Changing Device.” These devices are used primarily, though not exclusively, with bicycles.
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Reexamination Granted for Prosthetic Joint Patent
| September 15, 2009
The PTO has granted ex parte reexamination of claims 1-15 and 17-40 of U.S. Patent No. 6,740,118. The ‘118 patent is entitled “Intervertebral Prosthetic Joint” and is owned by Medtronic.
The request asserted that there were substantial new questions of patentability (SNQs), based upon a single primary reference that was before the examiner during the original ‘118 prosecution and each of a series of secondary references that were not. The request also noted that the ‘118 claims had been allowed on the first Office Action.
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PTO Rejects NETAC Storage Claims
| September 10, 2009
On the same day, the PTO granted inter partes reexamination against U.S. Patent No. 6,795,327 and issued an Office Action rejecting each claim. The ‘327 patent is assigned to NETAC Technology of China and is entitled “Semiconductor Storage Method and Device Supporting Multi-Interface.” The request was filed by SanDisk Corporation.
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Stay Denied in Bed Rail Case
| September 9, 2009
Judge Ann Montgomery has denied the motion of the accused infringer to stay the District Court proceeding in Regalo Int’l v. DEX Prods. (D. Minn.), pending resolution of three reexaminations.
Regalo sued DEX in July 2008 for infringement of U.S. Patent Nos. 6,952,846, 7,137,158 and 7,178,184, each entitled “Mattress Hugging Bed Rail.” DEX filed requests for reexamination on June 19, 2009, against each of the patents. Shortly thereafter the PTO ordered that the three patents be reexamined. DEX moved that the District Court case be stayed pending the PTO’s resolution of the reexaminations.
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Merck Singulair® Claims Rejected
| September 3, 2009
This past May, the PTO granted a request for reexamination of Merck’s U.S. Patent No. 5,565,473 (see archive report of May 20, 2009), identifying substantial new questions of patentability based on seven prior art references. The ‘473 patent covers Merck’s well-known allergy drug SINGULAIR®.
The PTO has now issued a non-final rejection of each of the claims under reexamination, finding that claims 1, 7, and 18-22 are unpatentable for nonstatutory obviousness-type double patenting over the claims of U.S. Patent No. 5,428,033 in view of U.S. Patent No. 5,104,882.
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Data Encryption Claims are Confirmed
| September 1, 2009
The PTO has filed a notice of intent to issue a reexamination certificate regarding the claims of Luciano Paone’s U.S. Patent No. 6,259,789. The ‘789 patent relates to a method for encrypting data, employing a block cipher encryption algorithm.
Paone sued Microsoft in New York in July 2007, for infringing the ‘789 patent. In May 2008, Microsoft countered by filing the present reexamination request, and the PTO subsequently determined that two substantial new questions of patentability were raised with respect to each of the claims identified in the request.
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