Re: Ron/Gumbo.....
in response to
by
posted on
Nov 13, 2013 01:33AM
I was not saying or at least not attempting to say, the life of the patent would be extended. I was pointing out the life may in fact be shortened. As is described in this statement.
In a nutshell, assuming that the claims of the reexamined patent, and its original counterpart patent, are identical, then a patentee is entitled to damages for infringement during the period between the time of the original patent's issuance and the time of the issuance of the reexamination certificate. If those claims are not identical, the period for damages begins on the date of the reexamination certificate's issuance. The claims are considered "identical" if no substantive change was made in the claims during the reexamination. (Laitram 15 case)
FWIW, maybe I'm still wrong?