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Message: Example of the effects of a successful re-examination

Example of the effects of a successful re-examination

posted on Nov 22, 2009 10:34PM

LunarEYE Announces Successful Termination of USPTO Reexamination and
Enhancement of Its 6,484,035 Patent

LIBERTY, Texas, July 1 /PRNewswire/ -- LunarEYE, Inc. ("LunarEYE") is pleased
to report the United States Patent and Trademark Office ("USPTO") has
terminated the reexamination proceeding initiated by WebTech Wireless Inc.
("WebTech") by issuing a Notice of Intent to Issue Ex Parte Reexamination
Certificate confirming the complete validity of LunarEYE's Patent Number
6,484,035 (the "035 Patent"). "I believe every issue was resolved in our
favor," stated lead patent reexamination attorney Robb Edmonds. "The favorable
decision from the reexamination proceeding enhances the validity of the
patent, and afforded us the opportunity to add twenty-one new claims that
further distinguish over the prior art. These new claims can be used to
further assert infringement at trial. More importantly, no claims were
amended during the reexamination so any intervening rights defense has been
foreclosed."

Chuck Allen, Inventor, LunarEYE Founder and CEO, stated, "In retrospect the
reexamination of my 035 Patent initiated by WebTech was very beneficial to us.
In addition to reconfirming the validity of Claim Three, it allowed us to
strengthen our intellectual property by adding twenty-one additional claims to
the patent. My patent has even more teeth now thanks to the reexamination.
For that I am very thankful."

"Ex parte reexaminations are often likened to sudden death over-time for the
patent owner, because the patent owner has a limited time to prepare an answer
to the Patent Office and everything is on the line," continued Mr. Allen.
"Robb Edmonds did a remarkable job in the time allowed explaining the
technology to the Patent Office and the differences of our patent over the
prior art. I would like to express my gratitude for his attention to detail,
judgment and knowledge."

"We have already notified the United States District Court, and are pursuing
the earliest available trial setting," commented Armi Easterby, LunarEYE's
lead trial counsel. "It is important to note that due to the District Court's
order that stayed this case pending reexamination, WebTech cannot argue
invalidity at trial based on the prior art they submitted in the reexamination
proceedings. Theoretically, WebTech can still attempt to argue it doesn't
infringe the patent, but there is no doubt that LunarEYE is in a much stronger
position now than before the reexamination."

Commenting on the stay, Mr. Edmonds concluded, "I suspect the stay will soon
be lifted, and the chances of them obtaining a second stay from the Court are
remote."

"As we said at the outset, LunarEYE will now diligently seek a permanent
injunction prohibiting WebTech or its customers from importing, selling, or
using any infringing products in the United States, which historically
accounts for roughly 40% of their business," concluded Mr. Easterby

http://www.reuters.com/article/pressRelease/idUS109311+01-Jul-2009+PRN20090701

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