patent-reexamination 
Patently-O
OCTOBER 7, 2022
Zahner Design Group v. D746,078 (Patent being litigated). Zahner’s Design Pat. D746,078 covers the ornamental design of a shower curtain as shown in the figures above. Zahner sued Katri Sales for infringement, and the defendant turned-around and filed a request for ex parte reexamination. by Dennis Crouch.
Patently-O
JULY 13, 2021
Folks continue to file anonymous ex parte reexaminations. Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. D810,925 (“breast pump”). Door-Master Corp. Yorktowne Inc. ,
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Fish & Richardson Trademark & Copyright Thoughts
OCTOBER 5, 2022
Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date. Final Rules for Trials before the Patent Trial and Appeal Board.
LexBlog IP
FEBRUARY 1, 2022
Last summer, a guidance memo was issued to the Patent Trial & Appeal Board (PTAB) on the use of Applicant Admitted Prior Art (AAPA) in IPR proceedings. ” The earlier memo explained: [A}ny patent that is used as the “basis of’ a request for inter partes review must be a prior art patent, not the challenged patent.
Patently-O
AUGUST 28, 2022
Patent cases regularly involve expert testimony about the how a “ person having ordinary skill in the art ” (PHOSITA) might think. PHOSITA is the objective ‘reasonable person’ that serves as a reference point for most patent doctrines. by Dennis Crouch. Innovention Toys, LLC v. MGA Entm’t, Inc. , ”).
LexBlog IP
JULY 19, 2021
In designing the America Invents Act (AIA), statutory estoppel of 35 U.S.C. § This statutory design was responsive to the previous criticism of inter partes reexamination estoppel, which attached only after all appeals were exhausted. This unbalanced scenario can be exploited by Patent Owners.
The IPKat
JANUARY 9, 2022
Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system. expungement and reexamination) would “greatly impact” trademark practice.
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