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Can a party participate in another party’s appeal in an inter partes reexamination?

By russ.krajec@blueironip.com | September 30, 2024

Yes, in inter partes reexamination proceedings commenced on or after November 2, 2002, both the patent owner and the third party requester can participate in each other’s appeal to the Federal Circuit. According to MPEP 2683: “The patent owner and the third party requester may each be a party to, i.e., participate in, each other’s…

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