The Influence Of Interim Re-Exam Decisions

Law360, New York (March 30, 2009, 12:00 AM EDT) -- Recent assertions regarding the excessive length of time to obtain patent re-examination decisions (five to 10 years including appeals) causing indefinite and indeterminate delays in stayed parallel infringement litigation are misleading because they suggest that such decisions can have little or no impact on the litigation until they are “final,” in the sense of all appeals having been exhausted.

(See “Re-Exam Delays Cause Trouble For Patent Owner,” Erin Coe, IPLaw360, March 24, 2009, comments of Robert Sterne).

However, in fact, interim (nonfinal) PTO re-examination decisions can...
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