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Ex Parte Reexamination Stayed in Favor of Inter Partes Review

By Timothy P. McAnulty on August 12, 2013
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In a recent sua sponte order, the PTAB stayed a concurrent ex parte reexamination proceeding after another party filed a petition for inter partes review (IPR) against the same patent. Lumondi Inc. v. Lennon Image Tech., IPR2013-00432, Paper 7 (Aug. 6, 2013). The reexamination request was filed on September 15, 2012 and had already undergone substantial reexamination. The petition for inter partes review was filed almost a year later by a different party on July 10, 2013. Although the petition challenged substantially the same claims as the reexamination request, it raised different grounds of unpatentability based on different prior art.

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  • Posted in:
    Intellectual Property
  • Blog:
    AIA Blog
  • Organization:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Article: View Original Source

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