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For the remaining three ex-parte reexamination requests, the Patent Office reexamined TransData's Smart Meter Patents and reaffirmed validity over all of the alleged prior art cited by General Electric.
The formula of intellectual reexaminations, which are supposed to encompass all of the phenomenon's difficulties, has come to represent one of the accepted methodologies within the policy of listening to the other.
238) The general concept of estoppel in this context is that it bars a petitioner from re-litigating a patent that has already undergone reexamination or review by the USPTO.
The Request for the inter partes reexamination was prepared and filed by BSKB on behalf of Fidia Farmaceutici Societa per Azioni (S.
In the proposed scenario, it is the judge who would exercise her discretion and equitable powers to initially determine whether an ex parte reexamination should be sought based on a reference uncovered during litigation.
We filed our application in 1994 and have been on this journey with the '449 patent for more than 16 years" Mr Vulpe adds, "Our patent claims were put under intense scrutiny by the PTO during this reexamination, so the decision is especially meaningful as it further re-validates the '449 patent.
Druce counsels both domestic and international clients in the areas of US patent practice inside and outside the Patent Office and maintains an active role in Novak Druce's industry-leading reexamination practice, focusing on utilizing the reexamination process either in tandem with litigation or after a finding of infringement has been suffered.
Vulpe adds, "Our patent claims were put under intense scrutiny by the PTO during its reexamination and this decision is a resounding confirmation and a further validation of the '449 patent.
Druce discussed trends in reexamination as well as the numerous impacts of reexamination on litigation including settlements, stays of litigation and intervening rights.
In response to AirTight's suit, Aerohive filed the first of its two re-examination requests with the USPTO and requested the District Court to stay AirTight's infringement action pending the outcome of the reexamination.