2010 May : US PTO Litigation Alert™

ROLLS-ROYCE PATENT RESCUED FROM INTERFERENCE

| May 10, 2010

In 2003, the PTO Board declared an interference between the claims of U.S. Patent No. 6,071,077 belonging to Rolls-Royce, and the claims of a United Technologies patent application.  The invention was a fan blade configuration used in turbofan jet engines.  United Technologies, having an earlier priority date, was named the senior party, and Rolls-Royce, with the later date, the junior party.

Rolls-Royce argued that there was no “interference-in-fact” because its claims were patentably distinguishable over the claims of the United Technologies patent.
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REQUESTS FILED THE WEEK OF MAY 3RD

| May 10, 2010

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly requests that involve copending District Court litigation, is too long. We will therefore report new ex parte and inter partes reexamination requests filed the previous week as they appear on the Patent Office EFS. In some cases, the information available from the Patent Office is still incomplete.
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DIRECTV LOSES TWO PATENTS

| May 4, 2010

The PTO Board of Appeals affirmed yesterday the rejection of two DIRECTV satellite communication patents, U.S. Patent Nos. 6,389,336 and 6,327,523.

The ‘336 patent claims a satellite communication system that includes a service area on the surface of the Earth, having a predetermined minimum elevation angle from the horizon over a service area. 
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REQUESTS FILED THE WEEK OF APRIL 26TH

| May 4, 2010

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly requests that involve copending District Court litigation, is too long. We will therefore report new ex parte and inter partes reexamination requests filed the previous week as they appear on the Patent Office EFS. In some cases, the information available from the Patent Office is still incomplete.
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