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A Low-Cost Alternative To Litigation After PTO Reforms

Law360 (September 10, 2007, 12:00 AM EDT) -- * Introduction *

Defendants in patent infringement litigations should seriously consider using reexamination as an alternative mechanism for adjudicating validity of the asserted patent claims.

In 2005, the Patent & Trademark Office (PTO) reformed the reexamination procedure to respond to some of the complaints that have historically plagued reexamination, i.e., that it was too slow, that is favored the patentee, etc. These reforms, coupled with the relatively low cost of adjudicating patentability in reexaminations compared to adjudicating validity in patent infringement litigations, the uncertain results that...
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