Concurrent Proceedings & Patent Owner Compliance with MPEP § 2282/2686
Is it Possible to Comply with Larson Manufacturing? Two weeks ago, we discussed the merger of concurrent post grant proceedings relating to the same patent at the USPTO. In addition to concurrent...
View ArticleThe Evolution of MPEP 2282/2686
–Third Party Tactics in Reexamination – Part II of our discussion on 2282/2686 Previously, we analyzed Patent Owner compliance with MPEP 2282/2686 in patent reexamination in the wake of Larson...
View ArticleSatisfying the Duty of Disclosure in Reexamination Concurrent with Litigation...
Patent owners face a dilemma when they are involved in reexamination proceedings with concurrent patent litigation. They may become aware of potentially material information during litigation that is...
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Protective Orders: Patent Reexamination & Concurrent Litigation in Delaware
As noted by USPTO reexamination statistics, the majority of recent patent reexaminations are also involved in concurrent litigation. A recurring issue for litigants involved in such disputes is the...
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Issuance of Continuation Patents During Litigation Undermine Defense to...
Texas Court Likens Issuance of Continuation Patents During Litigation to Patent Reexamination As discussed yesterday, willful infringement exists where an accused infringer acted “despite an...
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USPTO Proposes Change to Rule 56 Materiality Standard
Therasense “But For” Standard Codified by USPTO As mentioned yesterday, the USPTO has now issued a Notice of Proposed Rule Change in the Federal Register on Rule 56 and Rule 555. The proposal is for...
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Mixing the Duty of Candor with the Duty of Disclosure
USPTO’s Rule 56 “But For-Plus” Proposal Last week, the USPTO published proposed changes to the materiality standard of 37 CFR §§ 1.56 and 1.555 in response to the Federal Circuit en banc decision in...
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SNQ Plus – A New Game for Patent Reexamination
New Therasense Guidelines to Invite Extrinsic Evidence Abuse? As discussed yesterday, the USPTO has proposed to modify asepcts of Rule 1.56(b) and Rule 1.555(b) to comport to the materiality standard...
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Therasense Drives Summary Judgment Victory for Reissue Patentee
USPTO Post Grant Consideration Precludes “But For” Materiality The en banc CAFC decision in Therasense has recalibrated inequitable conduct jurisprudence. The decision effectively tightened the...
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Arbitration Materials Witheld From USPTO Reexamination
Egregious Misconduct Claim Shot Down by District Court As most patent reexaminations are conducted in parallel to a related litigation, it is important that the USPTO be informed of the progress of a...
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