Re: Minister Gil...a ?...comba...
in response to
by
posted on
Dec 30, 2010 11:07AM
Good morning Joe...
We had an incredible white Christmass at Tahoe and no power for 24 hours...
Then I logged on this morning and I see 3 pages of he "said-she said"...
I gave a thumbs up for everyone, and wish you a Happy New Year...
As to your question, your recollection is right. Federal Courts have Jurisdiction over the rulings of USPTO and they are not bound by any actions taken by USPTO. On the other hand any judgement by the Court following a Markman Hearing is res judicata on any issues ruled on by the Court that may be raised in USPTO after the Judgment is entered...
The Court's Calendar is not automatically stayed or altered because someone filed a piece of paper in USPTO. Although, a party filing for re-exam in USPTO can file a Motion in the e CCourt asking for a "Stay", the chances of get his request usually are slim.
Good luck to all, and see you on the other side of Markamn Hearing...
Gil...