Using reexamination as a patent litigation strategy

Finnegan prepared and filed an ex parte reexamination request for a client that was sued on a patent directed to systems and methods for financial analysis. We worked with the client’s litigation counsel to identify relevant prior art and to develop strategy for the reexamination proceeding. We made sure that the positions we took in the request were consistent with positions taken in litigation. The PTO issued an order granting reexamination noting that substantial new questions of patentability had been raised based on our request.