Patent Law Practice Center

Challenges To Two MobileMedia Ideas Patents, Among The Reexamination Requests Filed Week Of 4/11/11

Here is the latest installment of Reexamination Requests from Scott Daniels, of Reexamination Alert and Practice Center Contributor….

Reexamination was requested for two MobileMedia Ideas patents.  PTO dockets show that RIM filed one of the requests, but are unclear about who filed the second, though that request was quite likely filed by RIM as well (see ex parte Request Nos. (3) & (13)).  MobileMedia has sued RIM for infringement of these patents in the Eastern District of Texas.

A very important request, reported in a parallel post today, is Google’s second request for reexamination of an Oracle patent (see ex parteRequest No. (20)).

Abbott Diabetes Care has requested reexamination of two DexComanalyte sensor patents (see ex parte Request Nos. (8) & (18)).

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Top 10 Issues for Patent Litigators in 2011

Written by Brandon Baum (Partner at Mayer Brown and Practice Center Contributor).

The end of the year is the time for top 10 lists.  Here, in no particular order, are my top 10 issues for patent litigators in 2011.

10.  Microsoft Corp v. i4i Ltd. Partnership., and the clear and convincing evidence standard where the defendant relies on uncited art.  Will the Supreme Court decide that a lesser burden of proof is required to show invalidity when art was never considered by the USPTO?  If so, this will profoundly change both litigation and prosecution practice.  My favorite possible implication – what presumption applies to a mongrel 103(a) combination of cited and uncited art?  And will the PTO experience a data dump of prior art, if Microsoft prevails?

9.  Global-Tech Appliances v. SEB S.A., and the standard for proving the mental state required for induced infringement.  Whatever language the Supreme Court uses to describe the mental state required to show inducement will send everyone scrambling to prove or disprove the existence of that mental state. (more…)