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
That’s My Patent You’re Reexamining…
| November 6, 2009
The number of ex parte and inter partes reexaminations has climbed in recent years. But whose patents are being reexamined?
Starting with the first Official Gazette in January of this year, and running through November 3, we counted the number of patents for each company, with the following results:
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High Brightness Diodes to be Reexamined
| November 3, 2009
The PTO announced today ex parte reexaminations of U.S. Patent Nos. 7,335,924 and 7,384,808 which relate to high-brightness light emitting diodes. The ‘924 and ‘808 patents are owned by Huga Optotech. The requests were filed by Epistar on August 3, 2009.
Late last year Epistar filed a complaint in the District of Columbia seeking declaratory judgment that the ‘924 and ‘808 patents, as well as U.S. Patent No. 6,287,882, were invalid and not infringed. Shortly after filing the present reexamination requests, Epistar filed a notice of voluntary dismissal of that declaratory judgment action.
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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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RFID Case Stayed for Reexaminations
| September 23, 2009
On August 3, 2009, we reported that Toray had moved to stay the law suit filed against it by Avery Dennison, in view of a series of inter partes reexaminations that Toray had filed. In the suit, Avery Dennison accuses Toray of infringing three patents related to RFID labels.
Judge Patel has now granted the stay. She noted that the PTO had issued Office Actions rejecting all the claims of each of the three patents, and that Avery Dennison did not oppose the stay.
USPTO Announces Reexamination Request for MBI Patent
| September 22, 2009
The PTO announced today that Shimano, Inc., has filed a request for an inter partes reexamination of U.S. Patent No. 7,503,868 owned by MBI, Co., Ltd., of South Korea. The ‘868 patent is entitled “Automatic Speed Changing Device.” These devices are used primarily, though not exclusively, with bicycles.
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Reexamination Granted for Prosthetic Joint Patent
| September 15, 2009
The PTO has granted ex parte reexamination of claims 1-15 and 17-40 of U.S. Patent No. 6,740,118. The ‘118 patent is entitled “Intervertebral Prosthetic Joint” and is owned by Medtronic.
The request asserted that there were substantial new questions of patentability (SNQs), based upon a single primary reference that was before the examiner during the original ‘118 prosecution and each of a series of secondary references that were not. The request also noted that the ‘118 claims had been allowed on the first Office Action.
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PTO Rejects NETAC Storage Claims
| September 10, 2009
On the same day, the PTO granted inter partes reexamination against U.S. Patent No. 6,795,327 and issued an Office Action rejecting each claim. The ‘327 patent is assigned to NETAC Technology of China and is entitled “Semiconductor Storage Method and Device Supporting Multi-Interface.” The request was filed by SanDisk Corporation.
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