TOP 5 BLOG POSTS


A Post Grant Information Resource for the Patent Assertion/Defense Community - Welcome to PatentsPostGrant.com! Post grant patent proceedings at the USPTO, such as ex parte and inter partes Reexamination are becoming increasingly favored tools to combat patents of questionable validity.  Likewise, some of these same Reexamination tools can also serve as mechanisms to defen...


Patent Reform Percolating? - Patent Reform Efforts begin to take shape for 2010....


When is a Supplemental Reissue Oath/ Declaration Required? - MPEP § 1414.01 provides concise guidance regarding when a supplemental reissue oath or declaration is required and what it must contain. A supplemental oath/declaration is required in a reissue application where any "error" under 35 U.S.C. 251 has been corrected and the error was not identified in ...


Are Patent Claims Treated Like a “Nose of Wax” at the U.S.P.T.O? - Generally, a claim examined by the U.S.P.T.O is given its broadest reasonable interpretation in light of and consistent with the specification of the application or patent in which it appears (hereinafter “broad reasonable standard”). The rationale for applying the broad reasonable standard is ...


IN RE TROLL BUSTERS BEWARE: FAILURE TO DISCLOSE REAL PARTY IN INTEREST WHEN FILING AN INTER PARTES REEXAMINATION - On May 26, 2008, Troll Busters LLC (Troll Busters) filed a request for inter partes reexamination of U. S. Patent No. 6,869,779 (“the ‘799 patent”).  Originally, Troll Busters named itself as both the sole real party in interest and the third party requester.  However, as the PTO became awar...