Maybe it's the USPTO's way of quelling these re-exam requests 'after the fact' that the company has been sued.

It should be the company's responsibilty, NOT THE USPTO's to determine when and if possible infringement will occur by doing their own DD to existing patented technology PRIOR TO manufacturing or selling a product that may have used other patented technology.

It sounds like the USPTO is saying 'enough', they weren't originally tasked by law to determine AFTER a company has used patented technology in which the USPTO did THEIR research on and determined that at the time, the patent issued was valid based on extensive review by the USPTO staff.

IF a company had a new technology, and was ready to incorporate it into a product, AND had done its review of patents issued by the USPTO, AND had determined that their technology was possibly infringing (lots of conditions there) THEN at that time that company should have asked for a review of the original patent (or better yet, sought a license for the patented technology... *AHEM*) if warranted.

The way it has been is "D@amn the patents, just manufacture and sell the product... we'll worry about the infringement later and stop the patent holder (if he has limited or no means to defend a 'review' by the USPTO) by asking the USPTO to review their original issuance of the patent."

Maybe they've had enough of "after the suit has been filed", just look at all the re-exams asked (and granted) with that P(censored) company.

The USPTO and the government are bankrupt (that's another post OT) and that $3500 fee that gets paid by the requesting party isn't going very far nowadays.... I doubt that covers one week's pay for the office staff at the USPTO.... forget about 20 months or so for review PER re-exam.

Bottom line:

The USPTO office doesn't have the time and resources to act as a mediator or judge after the suit has been filed. That's what the judiciary budget and branch is for. If a company has (possible) infringing technology, make a deal first (get a license) or get a review BEFORE selling the product.