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Message: Check out this section from the Pat Choates article on re exams thanks cytoman)

Check out this section from the Pat Choates article on re exams thanks cytoman)

posted on Jun 22, 2008 07:11PM

Challengers, moreover, have many incentives not to file a request. Notably, if areexamination allows a challenge, the patent then has a strengthened presumption of validity, one that bears the imprimatur of the USPTO. Thus,

ex parte challenges by third parties can be viewed as ones in which challengers believe there is sufficient evidence to warrant a cancellation, or a limitation, of patent claims.

If a patent has sufficient “value” to merit the expense of money, time and resources to be challenged and reexamined and if all or some of its claims survive the process, what emerges is a patent of sufficient “quality” to merit a USPTO grant of exclusive use.

If even ONE of our patents makes it out we "merit a USPTO grant of exclusive use."

We'll have MAJOR CREDS then. Look how the market reacted for one hour on Bill's info. I look at what happened as an inadvertent 'dry run." Or there might be something else that's leaked out??? No clue on this.

From a logical standpoint and not an emotional one, it did give us a peek in to how the market is going to react on news of one of our patents making it out re certified. To me THIS is the biggest thing we've been waiting for.

As B-lunist points out, our patents ARE being reviewed by Government workers.

If you think our odds are better than 50/50, stay. If you think odds are less, don't stay.

TPL et al are NO pussy cats. And they are NOT stupid either. They are realists in my opinion (from listening to the Leckrones speak in public at 2 of our SHM)But they were also very confident in the portfolio. Does anyone that was there, disagree with this assessment?

Is the MMP really what we all believe it is?

Remember a Granted patent gives you the right to DENY someone the right to USE your invention...............that is unless they PAY you. If you've got a great idea that will change the world (hopefully for the Better) you get 20 years of Exclusive rights/payments, should you decide to commercialize your property.

Look at how many patents IBM and even INTEL have. Look at the Stanford's USC's and Berkeley's of the world and how many patents they own.

Our patent system rewards innovation/invention under our Patent laws which are 100's of years old and have helped make this country what is is today............and of course we have to try and MESS this up too. Can't let the little guy get ahead or give credit where credit is due. Nope, the Government speaks out of both sides of it's mouth.........IMO IMO.


With this 2nd Litigation Search (one at the front end of the 148 and 336, almost 2 years ago) completed on 6/17/08, the PTO is aware of yet a 2nd Law suit in the works at guess who's office? Judge Ward. Hope that put a little Fire under the USPTO.

Is there a certain protocol that they fiollow with each and every review? I've read that once the patent goes to Franconia's file repository, they are getting ready for re cert. I've also read that once that patent goes through the second patent litigation review and considering the timing of ours, we could be nearing the end of this review.

And, I ask again for those with more knowledge: Why have we never had a Non final Rejection on the 336? We did on the 584's claim 29 (very SOON after JW's interpretation on this claim.....hmmmmm) and did we on the 148? I think so............but never the 336.

I say hmmmm, above because this indicates that the PTO sided immediately with Judge Wards interpretation of Claim 29............anyone know how we're getting around the, "Magic Must Always" phares in that claim? Again, corrections welcome.

Opty, emty?? You're thoughts are appreciated.

Thanks again.

D

Our bets are in. Come on 336! Come on 148! Come on RG.


Jun 22, 2008 08:36PM
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