By Braden Katterheinrich and Nick Anderson (January 23, 2019, 2:41 PM EST) -- With the Patent Trial and Appeal Board's recent change in claim interpretation standards for inter partes review, post-grant review and covered business method review, ex parte re-examinations remain the only post-issuance proceeding for challenging patentability that uses the "broadest reasonable interpretation" standard. This difference in claim interpretation is one of several strategic advantages of re-examinations compared to other post-issuance proceedings.
Although the U.S. Patent and Trademark Office publishes yearly statistics on re-examinations, the statistics do not focus on data unique to re-examinations involved in parallel litigation, where the stakes of defending patent claims are arguably higher and patent owners are more...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!