What are the obligations of a patent owner during ex parte reexamination when there is concurrent litigation?
During ex parte reexamination, a patent owner has specific obligations regarding concurrent litigation. According to MPEP 2286:
“The patent owner is required by 37 CFR 1.565(a) to call the attention of the Office to any prior or concurrent proceeding in which the patent is involved or was involved. Thus, the patent owner has an obligation to promptly notify the Office that a decision has been issued in the federal court.”
This means that the patent owner must inform the USPTO about any ongoing or past litigation involving the patent under reexamination. Specifically, they must promptly notify the Office when a court decision is issued regarding the patent. This requirement ensures that the USPTO is aware of relevant legal proceedings that may affect the reexamination process.
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