Re: I thought the re-exams are done and over with.??
in response to
by
posted on
Jan 13, 2012 07:35PM
The patent reexaminations are done for the most part. The majority of prior art that could be asserted against the MMP patents has, for all intents and purposes, already been asserted. Is it possible there is some other patent out there that could arise to create enough of a question of validity to reexamine a portion of the MMP again? The technical answer is yes but I would put the odds around a 1 in 1000 chance of that happening.
I believe on average greater than 500 references to prior art were asserted against the various MMP patents with the exception of the 584, which had over 200 references asserted against it.
The practical answer is no. The USPTO will not honor request upon request of the same prior art. Some technical article or patent would have to arise to torpedo a patent in the MMP, and after six years it just doesn't exist anymore from a practical viewpoint.
What we have to worry about is the Markman on one side of the spectrum and Leckrone's enforcement and accountablity on the other side.
Regarding the SP, the only people who can manipulate the SP with 100% confidence are Swartz and Leckrone. I do not believe there are any SEC requirements that precludes them from purchasing and selling stock. I hope this latest run was not another manipulation by said "insiders".