Inter Partes Review Not Barred By Tossed Suit, USPTO Says

Law360, New York (January 25, 2013, 8:56 PM EST) -- A patent suit BOS GmbH filed against Macauto USA and then dismissed does not bar Macauto from challenging the car window blind patent held by BOS, the U.S. Patent and Trademark Office ruled Thursday, granting Macauto's petition for inter partes review.

Macauto claims the BOS patent is obvious and filed one of the first petitions for inter partes review when the new procedure for reviewing the patentability of claims, which was established by the America Invents Act, became available in September.

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