What happens if a patent owner files a court action to enjoin the inter partes reexamination?
If a patent owner files a court action to enjoin the inter partes reexamination, the action does not automatically stay the reexamination proceedings. According to MPEP 2686.04: “35 U.S.C. 318 provides that, once an order for inter partes reexamination has been issued, the patent owner may obtain a stay of any pending litigation which involves…
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