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9 Jan 2012, 1:10 am by Scott A. McKeown
Last Thursday, the USPTO issued their plan.In the Notice of Proposed Rulemaking for Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act (here), the Office proposes the following mechanisms to track potential EXP estoppel. (6) A certification that the statutory estoppel provisions of both inter partes review (35 U.S.C. 315(e)(1)) and post grant review (35 U.S.C. 325(e)(1)) do not prohibit the ex parte reexamination. (7)… [read post]
23 Jun 2023, 12:44 am by Bickford Blado & Botros
If the judge believes, based on your testimony, that an ex parte order is necessary, they will grant it. [read post]
16 Dec 2013, 7:18 am by Docket Navigator
The court denied defendant's motion for summary judgment of no willful infringement of plaintiff's flush valve patent based on the PTO granting defendant's ex parte reexamination request. [read post]
17 Dec 2008, 8:58 pm
Ex Parte Master List: this not-so-short document lists all of the matters that can be put before the Ex Parte department. [read post]
6 Jun 2008, 3:11 pm
Patently-O has a good post on ex parte reexamination statistics, pointing out a few salient facts. [read post]
14 Nov 2019, 6:30 am by Dan Ernst
Such investigations have led scholars and jurists to question the power of federal courts to grant affirmative Ex parte Young relief and to issue what have come to be known as national or universal injunctions.This Article explores the Ex parte Young action and the power of federal courts to issue affirmative constitutional remedies in its name. [read post]
7 Mar 2018, 7:46 am by Docket Navigator
The court granted defendant's motion to stay pending its requests for ex parte reexamination and rejected plaintiff's argument that defendant was engaging in gamesmanship by not seeking inter partes review. [read post]
14 Sep 2011, 12:25 pm by Lawrence B. Ebert
(But, remember, ex parte reexamination is essentially unused now.)But in the weekly update of re-exams from InvnTree , ex parte outnumbered inter partes 2 to 1!! [read post]
29 Sep 2021, 10:32 am by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) ruled today in a precedential opinion that Alarm.com, which was denied institution on three inter partes review (IPR) petitions it filed against patents owned by Vivint, Inc., could not simply “repackage” arguments raised in its IPR petition to challenge the same patent via ex parte reexamination. [read post]
12 Jul 2022, 4:55 am by Lawrence Solum
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted What Court (if any) Decided Ex parte Merryman? [read post]
11 Jul 2015, 9:12 pm by Patent Docs
The American Intellectual Property Law Association (AIPLA) will be offering a webinar on "Navigating Ex Parte Reexamination and Reissue Applications -- The Mechanics of Preparation and Interplay with AIA Post-Grant Proceedings and Litigation" on July 22, 2015 from 12:30 - 2:00 pm (Eastern). [read post]
26 Oct 2020, 5:40 am by Woodruff Family Law Group
In North Carolina, an ex-parte emergency order can be granted if it appears to the Court that facts show that the aggrieved party or a minor child is in danger. [read post]
23 Apr 2008, 1:13 pm
" In Armsey, the purpose of the ex parte communications was to obtain facts from them that would be binding on the defendant for purposes of establishing liability.Interesting. [read post]
5 Jan 2011, 6:58 am
An “ad interim, ex parte” order passed by SEBI, directing companies in the Sahara Group not to raise funds by way of placement of their debentures, led to a debate here over interim reliefs granted by courts, after the Allahabad High Court stayed SEBI’s order. [read post]
14 Nov 2023, 2:00 pm by Sherica Celine
While inter partes review and post-grant review have been the favored proceedings over ex parte reexamination to challenge a patent's validity since the passage of the America Invents Act, ex parte reexamination has been increasing in popularity. [read post]
14 Feb 2013, 4:20 am by Scott A. McKeown
For these reasons, ex parte patent reexamination will continue to serve a supporting role in the post grant challenge arsenal. [read post]
12 Nov 2018, 11:07 am by Eric Goldman
In my pre-passage essay against the ex parte seizure provision, I expressly didn’t address the DTSA ex parte seizure provision’s constitutionality. [read post]
2 Aug 2010, 9:00 am
Pursuant to Orange County Rule of Court 704C, "ex parte relief will be granted only upon a showing of irreparable harm . . . [read post]
28 Jan 2011, 7:23 am by Woodrow Pollack
Shared Marketing and Ace filed a request for ex parte reexamination with the Patent Office arguing that certain prior art rendered each of the patents invalid. 92% of ex parte reexamination requests are granted, and this case was no exception. [read post]