In fact, it is settled law that the USPTO is free to find a patent claim invalid over prior

art in a reexamination proceeding even where a court has previously found that same claim valid

in view of the same prior art.

The different outcomes arise from differences between how the USPTO

and a court consider the validity of a patent.

Good article and I am glad we got through the USPTO without getting any of our patents invalidated. Almost makes a trial worthless if you get a judgement then the reexamination process invalidates your judgement. Probably why we settled with the J3s. I would hate to spend millions of dollars to win a patent trial then have it be stuck in re-exams for years just to be invalidated. Were almost there! I feel our luck is about to change.

GL