How does concurrent litigation affect inter partes reexamination proceedings?

Concurrent litigation can significantly impact inter partes reexamination proceedings. The key points to consider are:

• The USPTO is not bound by court decisions on patent validity and will generally continue reexamination proceedings unless statutorily required to terminate them.
• A final court decision of invalidity will typically result in termination of the reexamination for those claims held invalid.
• Under certain circumstances, the USPTO may suspend reexamination proceedings pending the outcome of litigation, but this is rare due to the requirement for “special dispatch” in reexaminations.

The MPEP states: Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office. (35 U.S.C. 314(c))

To learn more:

• inter partes reexamination
• litigation
• patent validity
• special dispatch