- Appealing Reexaminations:
Rob Sterne has published a 25–page report on “Appeals from the Central Reexamination Unit.” For the 15 BPAI decisions in inter-partes reexaminations, Stern reports that only 15 inter partes reexaminations have reached a BPAI decision. Of those, the median case took 26.5 months to brief and an additional 6.2 months for the case to be decided. Sterne’s reexamination center provides regular updates on reexamination issues. - Reexamination Gridlock: Hal Wegner reports: “Gridlock at all levels” of the inter partes reexamination process is “choking inter partes reexamination.”
- Stays of Litigation: David Donoghue reports on the N.D. Ill case of of Card Activation Techs. V. Bebe Stores, Inc., No. 09 C 406, Slip Op. (N.D. Ill. Nov. 20, 2009) (Gottschall, J.) (case stayed pending reexamination even though the asserted claims were not those being reexamined)
- Reexamining Design Patents: Scott Daniels writes on his reexamination blog about reexamination of design patents. [Link] Of the 12 design patent reexaminations requests, two requests were denied based on no SNQ, two patents have been confirmed as properly issued, the other eight are still pending. Eleven of the twelve requests were submitted by third parties.
- Webinar on Reexaminations: Managing IP is offering a free webinar on “Patent Reexamination as a Litigation Strategy” on Feb 24 at 1pm. The talk is led by Novak-Druce attorneys.
- Reexamination and Litigations: Joe Mullin reports on his Prior Art blog that 60+ photo-sharing defendants may be off-the-hook based on the cancelling of FotoMedia’s patent claims in reexamination. [Link] I looked up the reexamination (No. 90/010,143) and found that the PTO has issued a final rejection about half of the patented claims.
- Crouch on Reexaminations: I’ll be speaking on reexaminations at the IP Law Summit hosted by the marcus evans company at the Doral resort in Miami Florida March 25–27. See you there.
