Patent Law Practice Center

Reexamination Requests Filed the Week of September 13th

Here is this week’s  installment of Reexamination Requests from Scott M. Daniels, of Reeaxamination Alert and Practice Center Contributor….

Perhaps the most important reexamination request last week was filed by Google against a Xerox patent (Ex parte No. 6).  The patent is the subject of a pending law suit in Delaware between the parties.  Earlier this month, Magistrate Judge Mary Pat Thynge issued a decision in that case allowing Google to use counsel from its litigation team for any reexamination – essentially, she concluded that the potential harm to Google of limiting its choice of reexamination counsel outweighed the risk of improper use by Google’s reexamination counsel of Xerox’s protective order information.

Another interesting request was filed against an Amylin patent (Ex parte No. 13) for exendins which are peptide hormones that regulate blood glucose levels.  A reexamination (95/000,276) has been pending since 2007 against similar Amylin extendins patent – the ‘276 reexamination is noteworthy in that it features that rare creature: the reexamination continuation.  The earlier Amylin reexamination was filed by competitor ConjuChem.  (more…)