Infringers’ Re-Exam Option Available But Limited: Attys

Law360, San Diego (January 23, 2012, 2:35 PM ET) -- The Federal Circuit recently decided that a party found to infringe a patent in court can challenge the patent in a re-examination proceeding, but whether the benefits of taking another bite at the apple outweigh the costs are debatable, attorneys say.

The appeals court in December upheld the Board of Patent Appeals and Interferences' rejection of several claims of Construction Equipment Co.'s patent for a vehicle for screening rocks and plant matter from soil at a construction site, in a split ruling that comes as an...
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