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15 Jun 2015, 4:00 pm by Tom
The Examiner does this by issuing an Ex Parte Quayle Action. [read post]
15 Jun 2015, 4:00 pm by Tom
The Examiner does this by issuing an Ex Parte Quayle Action. [read post]
15 Jun 2015, 4:00 pm by Tom
The Examiner does this by issuing an Ex Parte Quayle Action. [read post]
7 Mar 2018, 7:46 am by Docket Navigator
"⁠[Plaintiff] argues that [defendant] only made this choice because it wanted to delay this litigation as much as possible, as evidenced by the longer timeline for completion of ex parte reexamination and the fact that reexamination does not have the same estoppel effect as IPR. . . . [read post]
15 Oct 2019, 5:47 pm by Scott McKeown
Informative Decisions Address Design Choice Considerations Today, the Patent Trial & Appeal Board (PTAB) designated two ex parte appeal decision informative, Ex parte Spangler, Appeal No. 2018-003800 (Feb. 20, 2019) & Ex parte Maeda, Appeal No. 2010-009814 (Oct. 23, 2012) The Spangler decision (here) affirmed an examiner’s obviousness rejection determining that claimed relative lengths and locations of two claimed… [read post]
26 Nov 2013, 5:09 am by Lawrence B. Ebert
The appellant prevailed at the Board in Ex parte StoutAt issue were method claims such asA method for forming a sharpened cutting tool, the method comprising:grinding a cutting tip to form an intermediate cutting tool, the cutting tip of the intermediate cutting tool comprising a planar face and a sharpened cutting edge at a distal end of the planar face, the cutting tip being relieved on a side and an end that cooperate with the planar face to define the sharpened cutting… [read post]
14 Mar 2010, 2:53 pm
Ex parte Karaoguz (Appeal 2009-001433; Serial No. 11/093,369; Tech. [read post]
24 Feb 2009, 10:24 am
Of course, if things do not go well at the PTO, each Defendant in turn can file a request for ex parte reexamination. [read post]
31 Jan 2011, 3:10 am by Scott A. McKeown
While the Order is silent as to the perceived  gamesmanship of this choice, the decision may be more about this choice then the loss of estoppel. [read post]
14 Jul 2011, 6:04 am by Lawrence B. Ebert
Cir. 2007) (“[O]bvious variants of prior art references are themselves part of the public domain. [read post]
11 Mar 2013, 8:49 am by Lawrence B. Ebert
From within Ex parte Burgmeister:On the use of figures as prior art:Since the Examiner has failed to identify textual teachings in Burgermeisterregarding the specific arc dimensions, reliance on Figure 4A is insufficientsince figures are not necessarily to scale and Figure 4A does not necessarilydefine precise geometries of the arc. [read post]
14 Jun 2011, 3:10 am by Scott A. McKeown
Therasense Decision to Influence the Choice Between Ex Parte vs. [read post]
17 Aug 2011, 3:10 am by Scott A. McKeown
For late stage litigations, such as the Otis “injunction hedge” strategy noted above, ex parte patent reexamination is the only viable choice. [read post]
17 Jun 2013, 10:30 am by Lawrence B. Ebert
Cir. 1995).About the Rose caseEx parte ShotwellThe Appellant also contends that the holding of Rose does not apply in this case. [read post]
19 May 2010, 11:49 pm by Steve Vladeck
More than just a problematic application of Ex parte Young, though, such analysis could also open the door for courts to identify additional previously unrecognized requirements for Young actions. [read post]