Reexamination Practice with Concurrent District Court Patent Litigation

Recommended Citation: Robert Greene Sterne et al.,. Reexamination Practice with Concurrent District Court Patent. Litigation, 9 SEDONA CONF. J. 53 (2008).

reexamination practice with concurrent district court litigation or ...

Many people have provided comments and information for this article, including judges, senior officials from the PTO, patent litigators, patent prosecutors, ...

Reexamination Practice with Concurrent District Court Litigation or ...

For ex parte reexamination, the first Office action cannot arrive until after the period for patent owner response has expired.12 For inter partes reexamination ...

2286-Ex Parte Reexamination and Litigation Proceedings - USPTO

In Trans Texas, the patent being reexamined was subject to an infringement suit, in which the district court had issued its claim construction ruling (in a ...

Is Evidence of a Concurrent Reexamination Admissible in Litigation ...

Several courts have recently been faced with the issue of whether evidence of parallel reexamination proceedings should be admissible at ...

MPEP 2686.04 Reexamination and Litigation Proceedings - BitLaw

If a patent in the process of inter partes reexamination is or becomes involved in litigation, the Director shall determine whether or not to suspend the inter ...

Reexamination vs. Litigation - Intellectual Property Owners Association

In general, then, it ought to be easier to demonstrate unpatentability over prior art in a proceeding before the USPTO than in a district court proceeding. C.

Strategic Considerations in the Parallel Universe of Patent ...

Sterne et al, “Reexamination Practice with Concurrent District Court Litigation or Section 337. US ITC Investigations,” The Sedona Conference (2009) ...

Best Practices and FAQs for filing requests for reexamination ...

USPTO informed of prior or concurrent proceedings involving the patent ... prior or concurrent litigation by case name, district, docket number ...

The Resurgence and Perils of Ex Parte Reexaminations

... patent litigation and licensing ... district court alleging the PTO could not terminate an ex parte reexamination under 35 U.S.C. ...

Rise of the Reexam: Surging Ex Parte Reexamination Filings ...

As noted above, patents challenged in IPR proceedings are frequently subject to parallel district court litigation. However, in recent years ...

Reexamination - Sterne Kessler

The passage of the America Invents Act in 2011 and the introduction of inter partes review at the Patent Trial and Appeal Board (PTAB) diminished the emphasis ...

Protective Orders: Patent Reexamination & Concurrent Litigation in ...

As noted by USPTO reexamination statistics, the majority of recent patent reexaminations are also involved in concurrent litigation.

Publications & Events - Amster Rothstein & Ebenstein, LLP

For example, District Court cases addressing infringement and invalidity are proceeding while, at the same time, the invalidity of the subject patent is being ...

Inter Partes Patent Reexamination - Digital Repository @ Maurer Law

" See Rules of Practice in Patent Cases; Reexamination Proceedings, 60 FED. ... suit against the commissioner in district court. See 35 U.S.C. § 315(a)(1 ...

Courts Reluctant to Stay Patent Litigation Pending Reexam

Over the last several months large law firms have opened Reexamination Practice Groups and even starting blogs dedicated solely or in part ...

United States Reexamination Procedures: Recent Trends ...

I Robert Greene Sterne et al., Reexamination Practice with Concurrent District Court Patent. Litigation, 9 SEDONA CONF. J. 53, 53 (2008). 2 U. S. PATENT AND ...

PTO reexamination decision is binding in concurrent infringement ...

While the district court litigation was pending, Fresenius sought ex parte reexamination of the '434 patent by the PTO. In December 2007, the ...

Post Grant Proceedings | Day Pitney Services

Many patent challengers are already using these post grant proceedings, often in conjunction with district court litigation. The three new proceedings ...

Preventing a Second Bite at the Apple in Patent Validity Disputes

district courts to stay litigation on a patent pending the outcome of a reexamination ... Court-Compelled Reissue-Reexamination—A Misplaced Exercise of Judicial ...