Patent Law Practice Center

Reexamination Requests Filed the Weeks of August 2nd And August 9th

Here is the latest  installment of Reexamination Requests from Scott M. Daniels, of Reeaxamination Alert and Practice Center Contributor which includes the requests for the weeks of August 2nd and August 9th….

Reexamination Requests Filed the Week of August 9^th

The pace of new reexamination requests slowed a bit this past week.  One of the more interesting is the request filed August 9^th against a design patent owned by Durham for a portion of a cabinet shelf.  As we have previously reported, reexamination of design patents tends to be much more rigorous than original prosecution.  In the case of the Durham patent, the third party requester characterized the patented design as “identical” to the prior art or at least “within the zone of obviousness.”  Interestingly, the third party requester did not attempt, on the basis of recent case law, to assert that the features shown in the drawings are functional and therefore not available to support patentability over the prior art.  (more…)

Reexamination Requests Filed the Week of July 26th

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

An interesting request this week is one filed by Volkswagen against an Acacia patent that is also the subject of two law suits in the Eastern District of Texas.

To update our article of June 23^rd where we reported requests by Furuno against five Honeywell patents, we note that Furuno has now obtained a stay of the litigation between the two companies involving those patents – the trial judge was not persuaded by Honeywell’s unusual argument that Furuno’s motion, filed six months after Honeywell’s complaint, was “premature.”

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting. (more…)

Reexamination Requests Filed the Week of July 19th

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

Of special interest is the request (90/011,109) filed by Hynix against U.S. Patent No. 6,546,446 owned by Rambus.  The ‘446 patent is already the subject of two inter partes reexaminations, initiated by Micron – in both the examiner has indicated the patentability of the claims, and earlier this month Micron filed a notice to appeal to the PTO Board.  The ‘446 patent is also currently the subject of two cases filed by Rambus in the Northern District of California.

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting. (more…)

Reexamination Requests Filed the Week of July 12th

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

Notable is a request filed by Medtronic against a patent belonging to Edwards Lifesciences AG for a valve prosthesis.  Also interesting is a request filed by Nalco regarding a Baker Hughes patent – the patent is the subject of an infringement action between the companies that has already featured a preliminary injunction and two trips to the CAFC.

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting. (more…)

Reexamination Requests Filed the Week of July 5th

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

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting. (more…)