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
Inter Partes Requests Filed the Week of December 23rd
| December 30, 2009
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for inter partes requests that often involve significant copending District Court litigation, is unfair. We will therefore review the Patent Office files each week to identify inter partes reexamination requests filed the previous week. In some cases, the information available is incomplete.
This past week, the following requests were made:
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Inter Partes Requests Filed the Week of December 14th
| December 24, 2009
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for inter partes requests that often involve significant copending District Court litigation, is unfair. We will therefore review the Patent Office files each week to identify inter partes reexamination requests filed the previous week. In some cases, the information available is incomplete.
This past week, the following requests were made:
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Inter Partes Requests Filed the Week of December 7th
| December 17, 2009
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for inter partes requests that often involve significant copending District Court litigation, is unfair. We will therefore review the Patent Office files each week to identify inter partes reexamination requests filed the previous week.
This past week, the following requests were made:
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Geron and Novocell in Interference
| December 16, 2009
The obvious focus of our Blog is reexamination practice. Our underlying belief, however, is that one must be flexible and follow the legal steps that are suitable for the individual facts of each case. In some cases, the correct approach is to seek reexamination, but in others, it may be to provoke an interference.
So it appears to be in the dispute between the stem cell companies, Geron and Novocell. Novocell owns U.S. Patent No. 7,510,876 which is entitled “Definitive Endoderm” and claims “endoderm cells that can differentiate into cells of the gut tube or organs derived therefrom.” Geron, however, believes that it was the first to invent this claimed technology.
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Textron Patent Challenged
| December 14, 2009
Earlier this fall, E-Z-GO (a division of Textron) sued Club Car in Georgia, alleging infringement of its U.S. Patent No. 7,332,881 entitled “AC Drive System for Electrically Operated Vehicle.” The drive systems are used in Club Car’s Carryall 2 LSV and Carryall 6 LSV which resemble golf carts.
This past week, on December 7, Club Car struck back at E-Z-GO by filing a request for inter partes reexamination of the ‘881 patent. Club Car’s request cites eight prior art references, though it is unclear how many of those references were considered during the original ‘881 prosecution.
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Inter Partes Requests Filed the Week of November 30th
| December 10, 2009
The following inter partes requests were filed this past week:
(1) 95/001,272 – U.S. Patent No. 7,605,487 owned by General Electric and entitled Method for Operating a Wind Power Plant. December 1.
(2) 95/001,273 – U.S. Patent No. 6,640,086 owned by Wall Wireless and entitled Method and Apparatus for Creating and Distributing Real-Time Interactive Media Content through Wireless Communication Networks and the Internet. Filed by Nintendo on December 1.
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Inter Partes Requests Filed the Week of November 23rd
| December 3, 2009
The following inter partes requests were filed this past week:
(1) 95/000,520 – U.S. Patent No. 6,590,198 owned by Photon Vision and entitled Video Bus for High Speed Multi-Resolution Images. November 24.
(2) 95/001,269 – U.S. Patent No. 7,135,930 owned by Science Applications International and entitled Agile Network Protocol for Science Communications with Assured System Availability. November 25.
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Nintendo Files Request Against Wall Wireless Patent
| December 2, 2009
Nintendo yesterday requested an inter partes reexamination for U.S. Patent No. 6,640,086. The ‘086 patent is owned by Wall Wireless of Plano, Texas and is entitled Method and Apparatus for Creating and Distributing Real-Time Interactive Media Content through Wireless Communication Networks and the Internet.
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Karaoke Patents to be Reexamined
| December 1, 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.
The reexaminations were requested by Microsoft, who asserted that each of four references raised a substantial new question of patentability for the ‘508 patent, and that each of three references raised a substantial new question of patentability for the ‘585 patent. The PTO found, however, that not all the references were actually prior art, and limited the reexaminations to Sanyo JP 01-289221 and Bush ‘863 patent.
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Rambus v. NVIDIA, An Updated Scorecard
| December 1, 2009
In the old days of baseball, before scoreboards the size of a city block, it was said that you “need a scorecard to keep track of the players.”
That is certainly true of the current ITC investigation in which Rambus originally accused NVIDIA, as well as 16 downstream customers, of infringing nine patents related to graphics card, motherboard and computer memory controllers. After receiving adverse Office Actions from the PTO in reexaminations of several of those patents, Rambus dropped four from the ITC case.
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