Archive for November 5th, 2009

Inter Partes Reexamination & The International Trade Commission (ITC)

投稿日: Nov. 5, 2009   投稿者: Scott A. McKeown

The inter partes reexamination estoppel provision of 35 U.S.C. § 315(c) is a familiar one to many patent practitioners.  This provision is often cited as the primary justification for disfavoring inter partes reexamination over other post grant patent strategies. Yet, as ITC actions become increasingly utilized for their expediency in reaching a conclusion, further consideration should be given to the applicability of this estoppel to Federally created Agencies.

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