How are unusual fact patterns handled in patent reexaminations with respect to Portola Packaging?
The MPEP acknowledges that cases with unusual fact patterns may occur in patent reexaminations, particularly when considering the Portola Packaging decision. In such cases: The reexamination should be brought to the attention of the Central Reexamination Unit (CRU) or Technology Center (TC) Director. The CRU or TC Director will determine the appropriate action to be…
Read More