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Question

posted on Dec 16, 2007 02:42AM

Just for clarification. Everything I've read states that :

1)The court deals with infringement issues

2)USPTO deals with validity issues

So, my conclusion is that the upcoming case will not deal with all the motions the defense made concerning validity.

The only time that the court deals with validity issues is when there is an appeal. There will be no appeal to the federal circuit court unless we make it. Since the inventor is the only one able to appeal an exparta re-exam. First appeal to the USPTO board of appeals, then the 2nd appeal to the Federal circuit court. Is this correct?

So, were all the motions the J's made concerning validity merely proceedural?

Why would they make them if they were not going to be delt with? I am struggling with this. Any help would be appreciated.


Dec 16, 2007 02:59AM
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Dec 16, 2007 05:54AM
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