Another Way To Attack Written Description In Re-Exam

Law360, New York (August 4, 2010, 11:03 AM EDT) -- Re-examination — a post-issuance process to re-examine issued patents to determine whether they were issued in error — is enjoying increasing popularity as a tool in conjunction with or in lieu of litigation, especially in the wake of the establishment of the Central Re-examination Unit in 2005.

Between fiscal years 2004 and 2009, ex parte re-examination filings increased about 150 percent to more than 650 — of which the U.S. Patent and Trademark Office knew 32 percent were involved in litigation.

For that same period, inter...
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