The reexamination was filed approximately nine months prior to the decision cancelling all claims and was based, in part, on the admitted prior art discussed in the patent itself.

The results demonstrate how an ex parte reexamination can be an effective tool for invalidating claims that were improperly granted at a significant fraction of the cost of district court litigation.

Find out more: Are Ex Parte Reexaminations An Overlooked Method of Challenging Patents?

About Chris

Chris Rourk is a Dallas intellectual property attorney with extensive experience handling high profile matters for clients, both those dealing with all aspects of intellectual property as well as corporate transactions, commercial litigation and other complex interdisciplinary matters. Chris has handled a number of high-profile patent litigation matters, including filing the lawsuit that resulted in the Federal Circuit decision in BMC v. Paymentech, which provided controlling precedent on the question of joint infringement of patent claims.  His patent prosecution work has also been cited as exemplary by the U.S. Patent and Trademark Office and has withstood attack in district court litigation and post grant challenges.