Trial Judge Terminates Injunction After PTO Issues Advisory Action in...
The sequence of events of In re Swanson is well known. Judge James Cohn of the Southern District of Florida has now taken the Swanson approach one step further – in Flexiteek Americas v. PlasTEAK (Case...
View ArticleMicrosoft Files Another Reexam Against $290 Million i4i Patent
I don’t know why Microsoft didn’t present all the prior art in the Texas case sooner, and I can't explain why they might have wanted to wait until after asking the Supreme Court to take the appeal...
View ArticleMajor Funai TV Patent, Once Held Valid by CAFC, Brought down in Reexamination
Funai appealed the examiner’s rejection to the PTO Board which conducted oral argument on August 18th. The CAFC’s earlier decision in favor of Funai was mentioned in passing, but the Judges seemed...
View ArticleSmucker Loses Reexam Battles, But May Win Litigation War
The Board’s analysis might interest patent prosecutors who routinely face rejections based on “applicant’s admissions,” not to mention the applicants who feel obliged to submit hundreds of litigation...
View ArticleMicrosoft Petitions PTO to Reverse Refusal to Grant Reexam in i4i Dispute,...
At the end of December, we learned that Microsoft had petitioned the PTO Director to order reexamination of the ‘449, and this morning that petition has been released to the public. It shows that...
View ArticleStay Ordered: Paul Allen Patent Litigation Takes Abrupt Detour
The focus of the litigation now shifts to the Patent Office. How Allen’s patent claims will fare in that forum is unknown, but certainly his odds of maximizing the monetary value of his patent...
View ArticleA Winning Patent Infringement Defense: Reexamination Creates Intervening...
Companies accused of patent infringement are increasingly looking at patent reexamination at the Patent Office as an attractive avenue for challenging the patent’s validity. Reexamination offers a...
View ArticleCAFC: PTO Has Power to Reexamine Already Adjudicated Patents
The CAFC’s split panel decision this past week – In re Construction Equipment Company – extends the PTO’s authority to reexamine a patent even where its validity has already been adjudicated and...
View ArticleCan Patent Related Press Releases Be a Tortious Act?
A story of such potential liability is now playing out in Taser International v. Stinger, (Case No. 2:09-cv-289 (D. Nev.)). Taser, the developer of the TASER weapon for use by law enforcement,...
View ArticlePatent Owner Unwired Planet Pursues Apple, RIM in District Court After Losing...
Something a bit out of the ordinary occurred earlier this month in the ITC investigation Certain Devices for Mobile Data Communication, 337-TA-809. There, Unwired Planet had accused Apple and...
View ArticleDo Patent Applicants have a Chance at the CAFC?
Do patent applicants appealing a rejection of their claims from the Patent Trial and Appeals Board have a chance of success at the Court of Appeals for the Federal Circuit? What about patentees...
View ArticlePrivateering: Patent Holding Companies Unleash Patent Portfolios
There is a tremendous amount of unrealized (“un-monetized”) value in the patent portfolios of many large companies. Yet, for one reason or another, such companies have chosen over the years not enforce...
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