Archive for February 24th, 2010

Making Your Reexamination News, Risky Business?

Posted On: Feb. 24, 2010   By: Scott A. McKeown
Topics: Reexamination

quality-press-releaseThe Electronic Frontier Foundation (EFF) Case Study

On January 29, 2010 the USPTO ordered ex parte reexamination of claims 1-6 and 13-18 of C2 Communication Technologies’ U.S. Patent 6,243,373 (90/010,716) at the request of the EFF.  On the same day, USPTO ordered a second ex parte reexamination (90/009,637) of claims 1-24 of the ‘373 patent at the request of PaeTec Holdings Corp.[1] 

The ‘373 patent is directed to a method and apparatus for implementing a computer network/internet telephone system (VoIP).  The patent has been the subject of litigation since 2006, when C2 filed patent infringement suits against AT&T, Inc. (AT&T), Verizon Communications, Inc. (Verizon), BellSouth Corp., Sprint Nextel Corp. (Sprint) and other telecommunications companies. In 2008, AT&T, Verizon and Sprint agreed to take licenses under the patent to settle their litigation. Qwest Communications International, Inc., Global Crossing, Ltd. and Level 3 Communications, Inc. in September 2008, also agreed to settlements and license agreements.

The factual background of this reexamination, concurrent litigation, and multiple reexamination requests, is quite common.  As such, I was especially shocked to see this fairly common occurrence  Read the rest of this entry »