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Fish News
Articles
Re-Examination Request: To File or Not to File?
5/21/2009
Law360 May 14, 2009 W. Karl Renner and Thomas Rozylowicz
Patent re-examinations, which question the validity of a patent, have become increasingly popular strategic defensive weapons in high stakes patent litigation. Once considered an obscure administrative procedure, re-examinations are now changing the way patent litigation is fought and won.
Deciding whether and when to file a re-examination request can be as important as preparing the filing itself. You can make a good decision by realistically and comprehensively defining the objectives that you seek through re-examination, and then assessing statistics that account for those objectives to understand the potential risks and rewards associated with this specialized tool.
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