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Single click web shopping seems overly broad to even patent owner. Finally, request for reexamination in view of new art, the PTO has agreed to reexamine --- more...
Under serious threat of losing service, the US department of defense declares a national emergency and security crises - at the last possible moment, a deal was reached. --- more...
The worlds best selling drug is protected by two patents and after a first failed, Indian Ranbaxy requested reexamination to nearly wipe out the other. After reexamination, the patent stands. --- more...
The community as a whole sometimes finds patents so offensive to their existence they will collective solicit reexamination. The Software Freedom Law Center sought to torpedo the Blackboard patent --- more...
A $520 millioin dollar jugement against Microsoft gave motivation for reexamination of an early Internet browser patent from U.C. Berkeley. --- more...
ExonHit sued Jivan and Jivan responded with a reexamination request - which was granted by the USPTO. Now, with patentability in question, the lawsuit may not be as big of a threat. --- more...
After collecting over $250 million, Siliconware asked the USPTO to reconsider in a patent reexamination request 90/008,485 which was granted and is currently pending. --- more...
In a highly visible success story, Public Patent Foundation sought to invalidate a Forgent networks Inc patent directed to the popular JPEG standard of image encoding. In a complete success, the patent and all it claims were abandon. --- more...
On rare occasion, the commission of Patents and Trademarks comes forward sua sponte and orders reexamination. Ronald Katz may have crossed some limits when his portfolio drew the Commissioner's attention --- more...
MercExchange sued Ebay and started a serious war with a behemoth. Of course, there are now many re-examinations, on several patents, several court cases, and even a Supreme Court decision on one aspect of the case. --- more...
40 million people, 1.2 Americans are infected with AIDS - among the least pleasant topics for these people: how to pay the drug makers patent royalty fees. This case is another brought by the Public Patent Foundation merely because it offends the notion of fail play rather than a true lack of novelty or non-obviousness. No matter, the test is on, a substantial new question of patentability has been declared, and re-examination has commenced. Stay tuned. --- more...
Monsanto Claim ownership to one of the most productive strains of corn ever known. Farmers have little choice in view of the high yield - either pay the royalty - or seek re-examination. Of course, they sought re-examination. --- more...
"impeding scientific progress and driving vital stem cell research overseas" was the reason cited by Foundation for Taxpayer and Consumer Rights in bringing a re-examination action against the WARF portfolio of stem cell patents. --- more...
Canadian foods supplier Neptune Technologies and Bioressources obtained a patent on phospholipid and flavonoid compositions. A composition of matter patent must be directed to a new composition of matter and one which does not occur naturally. A mere ‘recipe’ is insufficient. These issues might not be raised as it appears from language used in the patent that the invention is presented as a ‘new use’ of a known substance. Of course as the popularity of krill oil for uses as supplements and food additives is quite high presently, opposition to the newly granted patent has been brought by both Aker BioMarine and Israeli Enzymotec. --- more...
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In 2004 a patent issued to Archus Orthopedics for a spinal implant and surgery described as: “Total Facet Arthroplasty System”. Opposition was timely brought by the competition and the EPO performed and completed the process to arrive at an early conclusion on Jan 2007. The patent was upheld in its entirety. In the meantime, a corresponding patent was also awarded in the United States. --- more...
Asylum Research is likely to find none; - asylums that is. Asylum is a company formed by ex-employees of Veeco to compete with their former employer. Asylum brought opposition to a Veeco patent in the European Patent Office but failed to convince the opposition division to make adjustments to the patent. The patent was affirmed and upheld in its entirety in January 2007. Further to this contest, Veeco brought civil action for patent infringement against Asylum in California. --- more...
In an opposition occurring over an extended period, i.e. a six year action, Oxford Gene’s DNA microarray patent was largely affirmed and upheld without substantial modification. Opposition by Affymetrix, Abbott, Roche, Nanogen and 3 others, failed to defeat the patent and the patent issued in 1994 remains in force. The patent covers oligonucleotide arrays. As the patent was reaffirmed in this manner, it is now widely licensed including: Affymetrix, Agilent Technologies, Rosetta Inpharmatics (Merck) and Incyte Genomics. --- more...
Mobile communications heavyweights Qualcomm and Nokia have a long running patent battle which recently has begun to heat up considerably. It essentially started long ago with Nokia’s opposition to Qualcomm’s EP0705512 which resulted in affirmation of the patent and nearly all its claims. Since that time, Qualcomm has had one after another of their patents subject to review in opposition while in most cases surviving those actions taken against them. --- more...
Martek Biosciences Corp. has patents on pharmaceutical uses of certain microorganisms and a food DHA production strain. Both Aventis S.A. and Nagase & Co. Ltd. challenged these patents. While some claims were revoked and some modified, the patent was largely upheld by the Opposition Division. This led to a quick Appeal filed by Aventis. The Appeal is expected to be completed early 2009. --- more...
It is unquestionable that when a company gets patent protection for an important drug, motivation for vigorous patent opposition will follow. And so it was with AstraZenica’s blockbuster drug ‘Nexium’. Patent opposition was initiated by German generic manufacturer Ratiopharm International GmbH. EPO’s Opposition Division ruled against AstraZenica’s substance patent whose term was to extend to 2014 as it was revoked, annulled and overturned. --- more...
Sometimes called “agbiotech’s most notorious patent”, Monsanto managed to obtain a far-reaching and unusual patent on a genetically engineered ‘line’ or species of soy bean. The opposing side argues that the patent covers all soy beans which are genetically engineered. The Monsanto soy bean is a high performance, high production strain and is in very high demand. As soy beans are a major food crop for the world, this case would certainly become the battle royal of patent oppositions – and it did just that. --- more...