Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

Free
Message: Kidd - if possible can you get PA thoughts on "Intervening Rights" issue

As the Pacer notes...

"...Such a stay will not prejudice the Defendants, as demonstrated by the reexamination experience of the ’336 Patent, because none of the claims survived the reexamination in their original form, with all of them either significantly amended or completely cancelled. In particular, the Examiner has added limitations to the now undeniably narrower claims to specifically overcome prior art that was not overcome before. Among the ’336 Patent’s original claims 1 through 10, all independent claims 1, 6, 9 and 10 have been amended (hence so have been their dependent claims 2 and 7), while claims 3, 4, 5 and 8 have been cancelled................ Because all the (remaining) asserted claims 1, 6, 7, 9 and 10 of the ’336 Patent have been amended, intervening rights apply and Defendants will not be allowed to accuse Acer, HTC or any other parties or non-parties of infringing the ’336 Patent for any product sold prior to the issuance of the upcoming Reexamination Certificate

Hope that helps your understanding of the reexam amendment process.

Share
New Message
Please login to post a reply