Re: milestone / Re: The tactic has been defined: Throw dirt enough, and some will
posted on
Apr 16, 2009 12:54PM
I don't recall EVER reading any disclosure about the nulity procedure / German re-exam in any 10K or Q, 8-K or other "statutory information" disclosure. The first anyone heard of it that I am aware, is when the announcement was made that of the successful ruling by the German Patent Office. So I don't think your comment is accurate.
As for the USPTO Final Rejection being "but a part of the process", absent the patent owner's appeal or request for continued examination, it is the FINAL part of the process. Unless you can cite where PTSC has disclosed that it categorically plans to appeal or follow the RCE procedure, considering the patents are the LIFEBLOOD and the '336 is the lions share of that blood volume, your interpretation of the FINAL REJECTION of it as ordinary-course, absent any comment / disclosure of affirmative counter-action by PTSC is flawed in my opinion. That logic is congruous with having the J3 or T3 cases go to trial, receiveing a negative verdict, and not disclosing it on the grounds that the appeal process is the next "ordinary-course" action. Doesn't pass the smell test in my opinion, nor does it pass the Regulation FD standards.