Patent Re-Exams Are Growing As Key Defense Tactic

Law360, New York (October 9, 2008, 12:00 AM EDT) -- More companies hit by infringement suits are ready to turn the tables on patent holders with a new defense strategy that is becoming increasingly popular: patent re-examinations.

The U.S. Patent and Trademark Office has seen a huge jump in two types of requests for the agency to take another look at the validity of a patent that is being asserted in litigation: ex parte requests for cases in litigation, which increased from 109 in 2003 to 369 in 2007; and inter partes requests for cases in...
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