What should an examiner do when reviewing a reissue application related to litigation or PTAB trials?
When reviewing a reissue application, an examiner should: Determine if the patent for which reissue is filed is involved in litigation or a pending PTAB trial Check the status of any litigation or PTAB trial Consult MPEP § 1442.02 to determine if prosecution should be suspended Inquire about specific litigation details if not already provided…
Read MoreCan the Director of the CRU decide on petitions for extension of time related to court actions?
No, the Director of the Central Reexamination Unit (CRU) does not have the authority to decide on petitions for extension of time related to court actions in reexamination proceedings. According to MPEP 1002.02(c)(4): “Petitions for extension of time in reexamination proceedings (except those related to litigation).” This indicates that while the CRU Director can decide…
Read MoreCan examiners request information about related litigation?
Can examiners request information about related litigation? Yes, examiners can request information about related litigation. MPEP 704.11 states: ‘Information relating to litigation involving the claims or other similar claims, including any arguments or affidavits presented to courts or other decision making bodies.’ This may include: Details of ongoing or concluded litigation related to the patent…
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