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
Reexamination Requests Filed the Week of June 21st
| June 30, 2010
Notable among the reexamination requests from last week was one filed by Whirlpool attacking an LG refrigerator patent that is also the subject of a law suit between the two companies.
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system. Information on concurrent litigation is also provided, where available.
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Reexamination Requests Filed the Week of June 14th
| June 23, 2010
Notable among the requests from last week is a request filed by Mylan against Pfizer for a patent covering Pfizer’s CADUET® blood pressure treatment composition, U.S. Patent No. 6,455,574. Pfizer sued Mylan earlier this year for infringement of that patent. Also notable are three requests filed by Furuno against Honeywell patents that are the subject of a law suit between the companies.
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system. Information on concurrent litigation is also provided, where available.
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Developments in Mid-June
| June 23, 2010
1. Microsoft Files Request Against
On June 18th, Microsoft filed a request for reexamination against U.S. Patent No. 5,292,125. The ‘125 patent appears to be assigned to the law firm Brooks & Kushman and is entitled APPARATUS AND METHOD FOR ELECTRONICALLY CONNECTING REMOTELY LOCATED VIDEO GAMES. As reported above, the ‘125 patent is the subject of an infringement suit against Microsoft. There have been substantial disputes in the law suit regarding claim construction, and the present request may be an attempt to take advantage of the PTO claim construction arguments made on behalf of the patentee.
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Hisamitsu Loses Patent for Adhesive for Transdermal Drug Delivery Patent
| June 16, 2010
Requesting reexamination of one’s own patent can have unpredictable consequences, as demonstrated yesterday by the PTO Board’s decision, Ex parte Yasukochi et al.
Three years ago Hisamitsu Pharmaceutical requested reexamination of claims 1, 3 and 6 of its U.S. Patent No. 7,034,083, entitled PRESSURE-SENSITIVE ADHESIVE AND PATCH EMPLOYING THE SAME, in view of certain prior art references that had not been before the examiner in the original prosecution. Reexamination was granted, but for all six claims of the ‘083 patent.
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Reexamination Requests Filed the Week of June 7th
| June 16, 2010
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system. Information on concurrent litigation is also provided, where available.
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Accused Infringer Uses Reexamination to Defeat Willfulness Allegation
| June 14, 2010
A party accused of patent infringement requests reexamination at the PTO to attack the patent as being anticipated or obvious in view of a prior art patent or printed publication. An accused infringer, however, may also achieve other less obvious goals by seeking reexamination, such as creating an estoppel, creating a disclaimer limiting claim scope, or establishing the materiality of a prior art reference for an inequitable conduct defense. Or, as in Plumley v. Mockett, the accused infringer may use reexamination to obtain summary judgment of no willful infringement. 2010 U.S. Dist. LEXIS 57254 (C.D. Cal. May 26, 2010).
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A Setback for TiVo Reexamination Patent
| June 10, 2010
This past Friday, the PTO made final its rejection of claims 31 and 61 of U.S. Patent No. 6,233,389, the key patent claims for TiVo’s digital video software for simultaneously storing and playing multimedia data, e.g., for time-shifting television signals. The Reexamination Request was filed by Dish Network in November 2008.
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Developments in Early June
| June 10, 2010
(1) Attorney’s Assertion of “Good Faith” Waives Privilege
Judge E. Thomas Boyle has ordered the patentee in Pall Corp. v. Cuno Inc. to produce hundreds of documents disclosing attorney-client communications regarding the reexamination of the patent-in-suit. 2010 U.S. Dist. LEXIS 55992 (E.D.N.Y. June 8, 2010).
The accused infringer has alleged that the patentee committed inequitable conduct by withholding certain information during an earlier reexamination proceeding. The patentee replied by submitting a declaration by the attorney disclosing
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Reexamination Requests Filed the Week of May 31st
| June 9, 2010
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.
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Reexamination Requests Filed the Week of May 24th
| June 2, 2010
Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.
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