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Message: Thoughts on Request for Stay

Thoughts on Request for Stay

posted on May 04, 2009 06:07AM

Sounds like heads I win tails you lose. Everthing to gain and little to lose.

The USPTO could drag the reexams out much longer than any of us think. There is proof of that. If cash flow is a problem that helps them. It appears that the rejections are almost automatic, improving their bargaining position. The USPTO also gives the impression that amendments are almost always needed to overcome or clarify. That improves their bargaining postion. If any rejections have to be appealed, that process could add years and by that time the patent may have expired or be close, hence improving their leverage in court/bargaining position, even if we win on appeal. Asking for a stay is a no-brainer. Wondering if the venue puts us at a disadvantage? Opty

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