Tag: Inter Partes Review

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WHAT’S IN A REEXAM – TWO PART SERIES

Written by: Mark Terry PART TWO In general, a reexamination is the process by which a patent owner or third-party requests that a patent’s claim(s) be reviewed against other patents or publications (prior art) by the USPTO’s Board. A patent owner may initiate the process to ensure that they have a valid patent. Subsequently, the patent owner can either pursue infringers or sleep well at night knowing that the USPTO has affirmed the validity of their patent. On the other hand, a third party may want to request a reexamination to question the validity of a patent in order to

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WHAT’S IN A REEXAM – TWO PART SERIES

Written by: Mark Terry PART ONE             The USPTO and Congress have been looking for ways to reduce the damage done by patent trolls and their often-times frivolous lawsuits. One way of doing this has been by restructuring the inter partes reexamination procedure into an inter partes review (IPR) process. This seemingly minor change may have some major implications on the future of patent litigation. The mix of players that fight for the billions at stake in federal patent infringement cases include inventors, manufacturers, patent trolls, patent consulting firms and investment firms. Each can derive a profit from a patent

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