Re: PUBBAT has submitted--Someone is very nervous...
in response to
by
posted on
Feb 02, 2007 09:00AM
I'd bet it is J3/ARM. Funny that this shows up right after the discovery deadline has passed. Ron, how much affect will this have on Judge Ward's strict time line for our trial? Is this reexamination reasonable cause for a delay?
This from the link Military had in his post:
"Historically, only around one-third of patents are knocked out by reexamination requests, although improvements in the process have made it more effective in recent years," noted Steve Maebius, a partner at the Washington, D.C., office of the law firm Foley & Lardner.
Whatever the decision, it won't be a quick process—3except by courtroom standards.
"The Patent Office conducts the re-examination proceedings with special dispatch. However, it still may take over a year for the Patent Office to decide on patentability," said Robert C. Bertin, a partner with Swidler Berlin LLP.
That could only be the start of the matter though.
"If an Examiner at the Patent Office finally determines that there is no patentable subject matter in view of the prior patent submitted by PUBPAT, Forgent may appeal the result to the Board of Patent Appeals and may appeal that result to either the Court of Appeals for the Federal Circuit or to the U.S. District Court for the District of Columbia."