In Re Swanson: Take Another Bite Of The Apple

Law360, New York (October 8, 2008, 12:00 AM EDT) -- Patent owners beware. Forget about collateral estoppel and res judicata when it comes to patent re-exam proceedings.

The recent Federal Circuit decision of In re Swanson confirms that, irrespective of what happens during litigation, any person at anytime may request the U.S. Patent Office to re-examine the patent, and the U.S. Patent Office may find that a substantial new question of patentability exists with respect to that patent, even if the substantial new question of patentability is based on the same art that was used to...
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