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Requests for reexamination are often filed by third parties, who are already involved in an infringement lawsuit concerning the patent at issue. By filing for a reexamination, such parties seek to invalidate the patent while keeping legal fees low. If the judge agrees, the trial proceedings may be put on hold pending the outcome of the ...
For example, Apple had sought an inter partes review of patents owned by VirnetX; VirnetX had taken Apple to court over patent violations, which found in favor for VirnetX and resulted in Apple fines over US$1 billion. Should Apple succeed in its inter partes review, it would be able to nullify the decision of this patent infringement suits. [7]
A re-examination is a proceeding conducted by the patent office after the grant of a patent in which the validity of a patent is re-examined at the request of the patentee or third party, [17] as provided by the applicable law. [27] In some countries, a re-examination system is provided as an alternative or complement to the opposition system ...
[54] Reexamination requests from companies accused of patent infringement have recently more than tripled. [55] "Ironically, Congress intended that the reexamination process should have just the opposite effect: "Patent office reexamination will greatly reduce, if not end, the threat of legal costs being used to 'blackmail' such [patent ...
While the United States Patent Act does not directly distinguish "direct" and "indirect" infringement, it has become customary to describe infringement under 35 U.S.C. § 271(a) as direct infringement, while grouping 35 U.S.C. § 271(b) and 35 U.S.C. § 271(c) together as "indirect" ways of infringing a patent. [4] Unlike direct infringement ...
Judicial proceedings: Generally, patents can also be challenged in a court. This most commonly occurs as a defense in a patent infringement proceedings but in many jurisdictions it may also be possible to directly attack the validity of a patent via a judicial process in a stand-alone action. [13]
Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 584 U.S. ___ (2018), was a United States Supreme Court case in which the Court held that the inter partes review process granted by Congress to the United States Patent and Trademark Office for challenging the validity of patents, rather than a jury trial, is constitutional and did not violate either Article III of the Constitution ...
The Patent Office subsequently agreed to conduct the reexamination and the parties voluntarily dismissed the district court suit pending the outcome of the reexamination. [2] In 2010, the Patent Office issued a ruling that the '753 patent had been properly issued and the parties returned to the district court. [2]