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Articles

ReExamination Request: To File or Not to File?

May 21, 2009

Articles

ReExamination Request: To File or Not to File?

May 21, 2009

Back to News Listing

Law360
May 14, 2009
W. Karl Renner and Thomas Rozylowicz

Patent reexaminations, 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, reexaminations are now changing the way patent litigation is fought and won.

Deciding whether and when to file a reexamination 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 reexamination, and then assessing statistics that account for those objectives to understand the potential risks and rewards associated with this specialized tool.


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.