Re Patents & Status
posted on
Nov 12, 2007 01:32PM
Here's my Patents for Dummies synopsis on the PTSC patent situation:
'584 reexam was requested by NEC on 9-21-06 and Toshiba around 10-19-06 and granted on 12-22-06 and subsequently merged together on 6-14-07. There were a total of 29 claims. A non-final rejection of the claims was issued on 6-26-07 whereby claims 1-28 were found non-reveiwable, and claim 29 was rejected. If anyone can clarify for me that that rejections means that the Toshiba & NEC"s claims were rejected or if the Patent's claim (ie Moore's) claim was rejected, I'd appreciate it. Subsequently, on 9-26-07 Patent Owner (Moore) filed an additional 24 claims for review. Current Status is: "Response after Non-Final Action Entered (or Ready for Examiner Action)" Additionally, TPL stipulated and won a motion to remove the '584 claims from the current litigation in TX as it relates mainly to ARM issues, and thus would eliminate ARM from the lawsuits for the purposes of the current litigation. It also allowed for an appeal of the Markman ruling with respect to the 584 language to begin immediately, rather than waiting until the end of the trial.
'148 re-exam was requested by NEC around 9-21-06 and request granted on 11-22-06. A new application was filed on 9-24-07, not sure what that is in regards to, though based on the date, appears to be realated to the additional claims filed in the '584 case above. Current status is: "Response after Non-Final Action Entered (or Ready for Examiner Action)"
Question for those famililar with this, do the additional claims in the 584 case and the new application in the 148 case have to do with attempts include the language constructs of the Markman ruling into the patent?
'336 re-exam was requested by NEC on 9-21-06 and Toshiba on 10-19-06 and by PubPat on 1-30-07. Each request was granted, the first two in January and the PubPat one in April. These all seem to be running concurrently, rather than being merged into one as the 584 was, as best I can tell. In 9-07, additional documents/applications were filed presumably by the Patent Owner. Current Status on the Toshiba and NEC requests stand at "Response after Non-Final Action Entered (or Ready for Examiner Action)" while the PubPat request is listed as "Determination - Reexamination Ordered".
I've seen references here I think that the additional claims filed by Moore on the '584 will in essence precipitate an unrulable condition on the application due to the review rules, and thus render it void in a sense. Is this correct? Also, I understand that the '336 is the most important one regarding the current litigation, and while the decision remains undetermined, it appears that it is likely to go in our favor, excluding a KSR obviousness issue (which I don't quite understand except to state that if that were to be found applicable here, it would likely rule it invalid). Are these correct understandings?
In anycase, I'm posting this info, more to request those in the know to comment and confirm or correct my information, and to add any relevance they see fit. Thanks in advance.