reexamination if wielded carelessly you can lose an eye !

Reply New Message

Prev Message Back To Forum Threaded View Next Message

sman998

Rank: President [?]

Points: 96044 [?]

Votes: 125 Score: 3.9 [?]

Your Vote:

Please Log In to Vote

Did you know? You can earn activity points by filling your profile with information about yourself (what city you live in, your favorite team, blogs etc.)

reexamination if wielded carelessly you can lose an eye !

in response to

bid/ask

DISCHINO

posted on Dec 31, 2010 11:38AM

Another important factor in the litigation context involves using the re-examination as leverage to obtain a stay in the litigation. The granting of stays varies from jurisdiction to jurisdiction and even from judge to judge.
Coordinating a request to stay litigation in lieu of a pending re-examination again necessitates a discussion of overall business objectives. Is a stay of litigation proceedings itself sufficient to accomplish a business objective? How does it effect settlement negotiations? What are the odds that the stay will be granted? Are there repercussions if the stay is denied?

Timing is a factor, as generally the chances of obtaining a stay increase the sooner the request for re-examination is filed.

Do sensitivities of human interaction come into play? For example, the judge may perceive a request for re-examination as a maneuver that circumvents the judge’s authority by instead turning to the USPTO for validity judgments. While cold justice dictates that facts and the law should prevail, human sensitivities should not be underestimated.

Understanding how, when and why to request or defend re-examination of a patent can further business objectives in transactional, venture capital, litigation and licensing realms. Like most powerful tools, re-examinations are effective if used wisely, but if wielded carelessly you can lose an eye.