Tips For A Successful Re-Examination Request

Law360, New York (May 11, 2009, 12:00 AM EDT) -- Re-examination proceedings have grown in popularity as a primary or parallel defensive strategy to threatened or pending litigation. Patentees must consider re-examination a substantial risk, while accused infringers should quickly consider re-examination upon recognizing the potential for litigation.

For accused infringers requesting re-examination to obtain a litigation stay or to enhance their settlement or licensing positions, speed and proper execution of the re-examination request are key factors for initiating a successful re-examination proceeding.

Re-examination has long been available as an alternative mode for challenging a patent’s...
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