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 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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Microsoft Files Request Against VirnetX
| November 25, 2009
Microsoft filed today a request for inter partes reexamination of U.S. Patent No. 7,188,180.
The ‘180 patent is entitled METHOD OF ESTABLSIHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS OF VIRTUAL PRIVATE NETWORK. It is owned by VirnetX, which had earlier sued Microsoft in the Eastern District of Texas for infringement of that patent, as well as of two other patents.
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Apple Fires Back at Affinity
| November 23, 2009
Affinity Labs of Texas sued Apple earlier this year, alleging infringement of U.S. Patent Nos. 7,187,947, 7,440,772 and 7,486,926, from the sales of Apple’s iPod, iPhone and iPod Touch. Judge Clark transferred the case to the Northern District of California in August.
On November 13, Apple filed requests for inter partes reexamination of each of the Affinity patents. The PTO is expected to answer the requests by early February.
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Inter Partes Requests Filed the Week of November 16th
| November 23, 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 which 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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Facebook Files Second Reexamination Request
| November 13, 2009
Facebook has filed its second reexamination request attacking the validity of U.S. Patent No. 7,139,761. Late last year, the owner of the ‘761 patent, Leader Technologies, had sued Facebook in Delaware for infringement.
Today’s inter partes request asserts 10 substantial new questions of patentability (SNQs) based on references that were not cited or considered during the original ‘761 prosecution.
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Flash Chromatography Case Stayed
| November 10, 2009
Scientific Plastic Products’ case against Biotage has been stayed pending the PTO’s resolution of inter partes reexaminations for the patents-in-suit.
On April 3, 2009, Scientific Plastics sued Biotage, alleging infringement of U.S. Patent Nos. 7,138,061, 7,381,327 and 7,410,571 regarding low pressure flash chromatographic cartridges. Biotage replied on August 21 by filing reexamination requests against each of the three patents and three days later, moved to stay the case. Judge Anello granted the stay on October 6.
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Google Seeks Reexamination of Information Retrieval Patents
| November 9, 2009
Nearly two years ago, IP Innovation sued Google in the Eastern District of Texas for infringement of U.S. Patent Nos. 5,276,785 and 5,675,819 relating to document information retrieval. Both patents were originally owned by Xerox.
Google replied with requests for ex parte reexamination against each patent. The PTO has now ordered reexamination of the ‘785 patent, finding a series of substantial new questions of patentability (SNQs) with respect to each claim for which reexamination had been sought.
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