I owe you an apology. You are correct that the number of ex-parte requests is a low percentage of the total patents. But consider this, only the most important (valuable) patents would be likely to get reexamined.

Would you agree that the EDIG patents are highly valuable? Certainly DM thinks so, or they would not spend all their money.

34% of patent owners ask for their patents to be reexamined.

If basically unchanged, or changed for the better, they patents are stronger and easier to settle.

Dishcino, once posted that Only 8% are denied. And falsely concluded that that 92% of the patents would get approval. He misread the 8% in the last line. What the 8% means is that 92% of the requests for a reexam are approved. Which means that if someone asks for a reexam (and anyone can) the reexam will most likely occur. I am sure he did not intention try to mislead anyone. Why would he want to do that?

The time to complete a reexam is about 24 months give or take. But, all during that time, as Gil pointed out, the legal process goes on and settlements continue to take place.

I do not fear a reexam of the EDIG patents. I would like to see it get started as soon as possible. It's like taking a long trip, the sooner you get started, the sooner you get to your destination.

Thanks for making me take a second look at this.

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1. Total requests filed since start of ex parte reexam on 07/01/81...................................107821

a. By patent owner 3680 34%

b. By other member of public 6937 64%

c. By order of Commissioner 165 2%

2. Number of filings by discipline

a. Chemical Operation 3019 28%

b. Electrical Operation 3895 36%

c. Mechanical Operation 3697 34%

d. Design Patents 171 2%

Ex Parte Reexam Filings 3443……………32%

1981 78 (3 mos.) 1989 243 1997 376 2005 524

1982 187 1990 297 1998 350 2006 511

1983 186 1991 307 1999 385 2007 643

1984 189 1992 392 2000 318 2008 680

1985 230 1993 359 2001 296 2009 658

1986 232 1994 379 2002 272 2010YTD 539

1987 240 1995 392 2003 392

1988 268 1996 418 2004 441

4. Number known to be in litigation…

Fiscal Yr. No. Fiscal Yr. No. Fiscal Yr. No. Fiscal Yr. No.

5. Decisions on requests………… ……………..10296

a. No. granted… 9467…………..........92%

(1) By examiner 9353

(2) By Director (on petition) 114

b. No. denied 829…………......8%

(1) By examiner 793

(2) Reexam vacated 35