Using Reexamination at the U.S. Patent and Trademark Office to Avoid Costly U.S. Patent Litigation

To view the recorded webinar, or download a copy of the slides, please click here. Program run time is approximately 60 minutes.

Recent statistics show that reexamination, especially inter partes reexam, has become a surprisingly effective strategy for challenging patents at the U.S. Patent and Trademark Office (USPTO). Differing in many ways from the opposition procedure to which European practitioners are more accustomed, reexamination should form a part of any comprehensive patent toolbox.

In the context of avoiding litigation in the U.S., which can be expensive and invasive in part due to the discovery process, reexamination may provide a lower-cost avenue toward neutralizing infringement risks. It can also be an effective way to strengthen a patent before asserting it, by inoculating it against a validity attack based on new printed prior art. Finally, because reexamination, whether ex parte or inter partes must be based on printed prior art, recent case law in the U.S. making it easier for the USPTO to establish obviousness has opened the door to an increased number of reexamination requests.

Please join our panelists as they explain the key concepts of U.S. reexamination, and provide insights into how these procedures might be employed to avoid U.S. District Court litigation. The strengths and shortcomings of reexamination discussed during the webinar will enhance the attendee’s ability to assess whether it is the right approach for their situation.

This webinar is the second of four in our Spring 2010 “Strategic U.S. Patent Series for European Counsel.”

Time:

16:00 CET

10:00 EST

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