Re: Very Significant/Virt and all....
in response to
by
posted on
Nov 24, 2008 07:42AM
Once the patent owner has been notified the PTO then sends out an intent to issue reexam letter...once that is in the US Mail it is pubic info ...it will get posted on the transaction file for the reexam the day after the verbal notification and mailing ...usually...then the details of the reexam will get posted on the IFW a few days later...that's the important file to read...it will explain what claims we kept what ones we lost and what ones were changed....(if any or all of that transpires)
Now...AFTER THAT...even if the reexam stays basically the same...it takes ....90 DAYS...for the PTO to get it reviewed for correctness...and sent to printing and then added to the ...OFFICIAL GAZETTE...for release....then it becomes really official...am patent owners choose to wait for that official relase before they go gung ho on licensing...from the intent letter to the official printing in the gazette anything little thing can happen so many just wait till it's cast in stone...
In our case, I would assume we would contact our previous notified companies about the outcome of the reexam and allow them to come back to us about licensing or not...at least during that 90 period...after that...then the communications would become more...."POINTED"...but different lawyers handle things different ways...so who knows we might just go guns blazing after licensees...remember though...the reexams coming back in our favor is a good thing....but potential newbies out there will wait to see who signs and for how many and for how much...(at least in total for the quarter)...before any new, big money might start to flow in....so it's more than just the reexams...it's negotiating for quick settlements with meaningful dollars...and hoping the T 's won't press for another Markman in NO. Calif. too...just remember there's more to the story than the reexam intent letter...
JMHO