Facts And Myths Of Patent Re-Examinations

Law360, New York (January 15, 2010, 8:28 AM EST) -- Recently published statistics from the U.S. Patent and Trademark Office indicate an increased use of re-examination proceedings to resolve patent infringement disputes.[1]

Various authors have commented on the reasons to consider a re-examination as an alternative to litigation. Some authors advocate that a re-examination is a less costly and less time-consuming route to test the validity of a patent than full-blown litigation in federal court.[2] Other authors criticize re-examinations as a tactic to avoid litigation of patent infringement claims.[3]

The published statistics alone do not establish...
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