Challenge To Patent Re-Exam Rules Past Due, Fed. Circ. Says

Law360, New York (August 9, 2012, 5:17 PM EDT) -- The Federal Circuit on Thursday declined to reach the merits of a case questioning the U.S. Patent and Trademark Office's rules for accepting evidence from third parties during patent re-examinations, finding instead that an inventor who raised the issues did so too late.

C. Brown Lingamfelter — who holds a patent on a cardboard "fridge pack" for holding beverage cans that he claimed was infringed by Miller Brewing Co. and The Coca-Cola Co. — had argued to the Federal Circuit that the USPTO's rules allowing third-party...
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