Re: Cuozzo Presses High Court To Change Standard Used In IPRs
in response to
by
posted on
Apr 21, 2016 07:38PM
As prior references and examination of them... are a basic process of the original patent prosecution....more or continued examination of prior art is an extension of the patent prosecution.
In e.Digitals IPR case, IMVHO it can be argued that the process is an extension of the patent prosecution.
Now the question is, will e.Digital get the same rights to establish patent claim issues that it got in the original patent prosecution? e.g.....amend...etc
In some of the fuzzy comments I've read e.g Law360 posted here...the comments state you do not get the same rights. However, the comments and the context they are base on may not be the same issues e.Digital faces.
e.g....Cuozzo Speed Technologies LLC faces a different problem than that which e.Digital faces.
doni