Re-Exam Delays Cause Trouble For Patent Owners

Law360, New York (March 13, 2009, 12:00 AM EDT) -- With more accused infringers using patent re-examinations as a defense strategy, patent owners are finding that they have to wait too long for a final determination on the validity of their inventions.

The issue of re-exam pendency at the U.S. Patent and Trademark Office is becoming a threat for patent owners involved in parallel litigation. If a district court grants a stay to await the outcome of a re-exam, that move can be enough to end a patent owner’s infringement case altogether.

“If a district court...
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