Tag: Patent Reexam


BPAI Reverses Patent Examiner For Hindsight Reconstruction

Written by Mark Terry Once again the Board of Patent Appeals and Interferences (BPAI) reversed a rejection by an overzealous patent examiner who failed to adequately connect the proverbial dots between prior patents in an attempt to disqualify a patent application for approval (Ex parte Kobayashi). As a Miami-based Patent Lawyer I constantly keep abreast of new holdings handed down by the BPAI in order to deliver up-to-the-minute defenses for my clients’ patent applications. The patent applicant in this month’s Kobayashi decision invented a system for recording the progress of video game players as they achieved certain milestones in online (networked) video games. The

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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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