Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On March 30, 2007, DLA Piper presented a training on the reexamination of patents during the course of litigation.

In the talk, the presenters stated that litigants are using reexamination procedures frequently because the formation of the Central Reexamination Unit at the USPTO has improved the reexamination process. 

The reexam may impact the development of other defenses, including inequitable conduct.  Reexam can be requested by anyone not only the patent owner.  An ex parte reexam is initiated with the filing of a request for reexam.  Upon filing a request for ex parte reexam, there will be a determination whether or not a substantial new question of patentability affecting any claim is raised by the request.

Upon a grant for reexam, if the patent owner files a statement on any narrowing claim amendments.  The disadvantage of the ex parte reexam is the inability of a third party requester to remain involved.