Category Archives: Reexam

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USPTO Reverses Course to Permit Anonymous Ex Parte Reexamination Requests

Responding to public feedback, the USPTO announced that it has dropped a controversial proposal that would have required all requests for ex parte reexamination to identify the requester’s “real party in interest.”  The change is one of several new provisions in a Final Rule, released August 6, 2012, which implements a new estoppel provision in the America Invents … Continue reading this entry

Time Is Running Out To Comment On Proposed Rules For USPTO Board Patent Trial Proceedings

The deadline for submitting public comments on the USPTO’s proposed rules for patent trial proceedings is next week, April 9 and 10, 2012.  Specifically, public comments on the seven Federal Register notices containing the USPTO’s rulemaking proposals are due as follows: Rules of Practice for Trials before the Patent Trial and Appeal Board and Judicial Review … Continue reading this entry

En Banc Federal Circuit Requires Reexam Claim Amendments For Intervening Rights

On March 15, 2012, the en banc Federal Circuit issued a divided decision in Marine Polymer Technologies, Inc. v. HemCon, Inc. that vacated the September 2011 panel decision and upheld the district court’s $29.4 million verdict in favor of the patent owner. In a section of the majority opinion that the dissent characterizes as dicta, … Continue reading this entry