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 Third Request Against Paone Patent
| October 23, 2009
Microsoft has filed its third reexamination request against U.S. Patent No. 6,259,789 which is owned by Luciano Paone and claims a computer encryption method. This most recent request sought reexamination of claims 2, 23-26 and 32-34 on the basis of nine references or combinations of references.
The PTO, however, has ordered reexamination of only claims 33-34 on the basis of only one combination of prior art. For the remaining claims, the PTO found that the references were not substantially different from those asserted in the two earlier reexaminations and that no substantial new question of patentability was raised.
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Karaoke Patents to be Reexamined
| October 20, 2009
The PTO announced today that it has ordered reexamination of U.S. Patent Nos. 6,488,508 and 6,702,585, for information distribution systems in video games, particularly karaoke video games. The ‘508 and ‘585 patents are owned by ADC Technology Inc. of Nagoya, Japan, and are the subject of the litigation ADC v. Microsoft.
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Merck Interviews Examiner for SINGULAIR®
| October 15, 2009
As we reported September 3, the PTO has rejected certain claims of Merck’s U.S. Patent No. 5,565,473 for SINGULAIR®.
Merck has now interviewed the examiner, indicating that it intends (1) to file a terminal disclaimer to deal with the double patenting rejection, and (2) to submit a declaration describing comparative experimental data to deal with the obviousness rejection.
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Reexamination for Expired Digital Technology Patent
| October 1, 2009
The PTO granted ex parte reexamination of U.S. Patent No. 5,051,799 belonging to Digital Technology Licensing, and entitled “Digital Output Transducer.” The request was filed by Kyocera Wireless.
Although the ‘799 patent expired on February 17, 2009, a request for reexamination may be filed at any time during the patent’s “period of enforceability.” That period is determined by adding six years to the date on which the patent expires, so that in this case the period of enforceability extends to February 17, 2015. One qualification, however, is that there is no possibility of amending claims of an expired patent.
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