Fed. Circ. Limits Appeals Of Rejected Re-Exam Bids

Law360, New York (October 2, 2012, 9:59 PM EDT) -- A finding by the U.S. Patent and Trademark Office in re-examination that prior art presented by a petitioner does not present a new question of patentability cannot be appealed, the Federal Circuit ruled Tuesday, rejecting Belkin International Inc.'s arguments in its bid to invalidate an OptimumPath LLC wireless router patent.

Belkin and other wireless router makers sought inter partes re-examination of OptimumPath's patent, arguing that it was anticipated or obvious in view of four prior art references. However, the USPTO ruled that three of the references...
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