Re: Why does it take so much time to get a final USPTO decision?
in response to
by
posted on
Oct 16, 2008 04:50AM
Well if you look at the three patents that the PTSC website says that are the most important/signficant...we're getting there but could be awhile...and one thing for sure..it's okay to ask for expedited actions but never "insist" on anything from the PTO...things tend to slow down rather abruptly when one tries to "put their foot down" with these guys...IMO
5,784,584...
11-08-2007 | Notice of concurrent proceeding(s) |
There were two reexams filed on this one and they weren't merged under one examainer till the posted date above...could be another year on that one
5809336 and 6598148...are both in the hands of the examiner and probably also his supevrisor and the committee they use to review all reexams before final decision is sent out...lots of eyes looking and experienced people in the realm iof the patents working on them now....my guess is anywhere in the next 1-3 months on those..unless we need to appeal them and then maybe another 4-6 months at least.
Even then you will note the the T-3 caes are repeatedly getting delayed before any decision is made by the judge on whether to transfer the cases to Texas....they're waiting just like us on the outcome of the reexams before taking further steps.
More delay might come if the T-3 decide to still go through the courts which could take a year or more (discovery phase hasn't started on them at all yet)
If we get a positive reexam some will settle, IMO those with smaller license fees, and some might delay till the T-3 cases are finished before they will want to pay anything...and if we decide to up the license fees more might want to delay till any cases are settled or might decide to go to court on their own.
So reexams coming out in our favor does not automatically give us an expected windfall of cash....this could drag out longer than many here might hope for....thus RG's warning, more than once , that these PTO issues could take "months and years"
This is why I also believe he moved up his M&A actions to August and early Sept. rather than his stated goal of year-end...he realized delays were coming on licenses and wanted to move quickly into the M&A arena rather than be caught just waiting on the whims and delays of the PTO and the courts.
JMHO