ehwest / Re: Re the USPTO Re Exams.. Lambertslunatics
posted on
Dec 10, 2007 07:37PM
It seems more typical that if the patents were to be partially invalidated or modified, the NEXT step would be for TPL/PTSC to appeal that USPTO ruling, which ONLY THEY can do, not Pubpat or the J's. A retrial, as you imply would NOT be necessary for quite some, consideirng there would be that appeal process to go thru first before the USPTO's ruling become OFFICIAL. Don't you agree that taking that appeal process into account, and the fact that the USPTO ruling won't be completed UNTIL that appeal process is complete, puts the USPTO time frame LONG PAST TRIAL, and therefore NOT an issue with the current litigation?