reexamination

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Related to Inter Partes Reexamination: Ex parte reexamination
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The AIA eliminated inter partes reexamination proceedings and replaced them with two different types of administrative post-grant proceedings: post-grant review ("PGR") and inter partes review ("IPR").
section] 311(a) (pre-AIA provision applying to inter partes reexamination requests filed before September 16,2012) (indicating allowed grounds for an inter partes reexamination).
Beyond the language of the AIA, its legislative history clearly shows that Congress understood the Act to "convert[] inter partes reexamination from an examinational to an adjudicative proceeding" (109) while establishing a new procedure known as postgrant review that "would take place in a court-like proceeding.
152) These new standards differ from the traditional standard for inter partes reexamination as well, which required that requests for reexamination raise "a substantial new question of patentability" affecting any claim of the patent.
features of the inter partes reexamination proceeding show the
While the California Court recently denied a request to stay these suits without prejudice to filing the request again, the stay has no impact upon the pending inter partes reexaminations in which the United States Patent and Trademark Office ("USPTO") has rejected each of Ivera's patent claims for which reexamination was requested.
Others recognized yet another difference that IPR offered over the older inter partes reexamination that made challenges highly stacked in favor of the challenger.
250) One of the goals of the estoppel provisions of inter partes reexamination was to prevent harassment of patentees by limiting the number of administrative and judicial challenges that may be brought by third parties.
254) In other words, the inter partes reexamination is in many ways similar to a proceeding in the district court and may be used in lieu thereof.
One procedural issue in the first appeal was whether the patent owner is given the same opportunity to amend the claims as in the previous inter partes reexamination procedure.
SOC'Y 498, 503 (2010) (comparing the adoption of ex parte reexamination, applicable since July 1, 1981; with the adoption of inter partes reexamination, having made its "debut" in 1999).

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