Ex Partes Reexamination

News & Analysis as of

Board Allows New Reexamination Filing to Amend Claims at Issue in Concurrent IPR

It is well settled under the AIA that it’s possible to have concurrent proceedings during an IPR. In Game Show Network, LLC and Worldwinner.com, Inc. v. John H. Stephenson (IPR2013-00289), the Board addressed a related issue...more

Pre-AIA Statute Did Not Give Patent Owner in an Ex Parte Reexamination the Right to Bring an Action in District Court

In re Teles AG Informationstechnologien - Addressing whether a patent owner involved in a pre-America Invents Act (AIA) ex parte reexamination, could challenge an adverse reexamination decision in a district court...more

Federal Circuit Fractured Over Finality in Fresenius

When the Federal Circuit denied Baxter’s petition for panel rehearing and rehearing en banc in Fresenius USC, Inc. v. Baxter International, Inc., Judge Dyk wrote an opinion concurring in the denial that was joined by Judge...more

PTO Reexamination Decision is Binding in Concurrent Infringement Litigation

Many patents are involved in parallel proceedings — post-grant proceedings before the United States Patent and Trademark Office (“PTO”) and infringement litigation in the courts. What happens when the courts and the PTO do...more

A Look at the USPTO Backlog Statistics

As the USPTO fiscal year comes to an end on September 30, I thought this would be a good time to review the USPTO backlog statistics. The currently available data reflects the backlogs as of the start of August 2013, and...more

USPTO Opposes Certiorari in Finjan v. USPTO

Last month, in an opposition brief filed by attorneys for the U.S. Patent and Trademark Office and Department of Justice, the Office asked the Supreme Court to deny petitioner's writ of certiorari in Finjan, Inc. v. United...more

Biosimilars Webinar - July 23, 2013

On Tuesday, July 23, Knobbe Martens hosted a live webinar event covering "Preparing for Biosimilars: Key Points for Participating in the U.S. Regulatory Framework." Partners Eli Loots, Carol Pitzel Cruz, and Sheila Swaroop...more

Patent Office Litigation Update: Conducting CRU Oral Hearings in Ex Parte Reexamination [Video]

Under the new contested proceeding rules, a patent owner or a third-party requester can file an ex parte reexamination request. In such cases, an interview at the U.S. Patent and Trademark Office Central Reexamination Unit...more

The Perfect Patent Office Litigator [Video]

In this video, Robert Greene Sterne, a founding director of intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., describes the perfect patent office litigator to handle the new contested proceedings under...more

The Decision Maker's Guide to Contested Proceedings Under the American Invents Act [Video]

Under the America Invents Act, a patent owner has many tools available when considering contested proceedings. Some of those options include inter partes review, covered business method review proceedings, supplemental...more

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