Can litigation-related materials be used in a patent protest?

Yes, litigation-related materials can be submitted as part of a protest under 37 CFR 1.291. The MPEP provides examples of such materials: “Some representative examples of other forms of evidence are litigation-related materials such as complaints, answers, depositions, answers to interrogatories, exhibits, transcripts of hearings or trials, court orders and opinions, stipulations of the parties,…

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What information should be provided to the USPTO about litigation involving a patent under reissue?

When informing the USPTO about litigation involving a patent under reissue, applicants should provide sufficient information for the Office to evaluate the need for further materials. The MPEP advises: “Litigation encompasses any papers filed in the court or issued by the court. This may include, for example, motions, pleadings, and court decisions, as well as…

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