Federal Judiciary

Stay Pending Reexam Denied in ESN v. Cisco - Rumblings About Efficacy of Inter Partes Reexam

By Michael Smith

Peter Zura has a good post analyzing Judge Folsom's recent decision denying a motion to stay in the ESN v. Cisco litigation.  He points out that Judge Folsom was not persuaded by the claims made about the relative merits (which I think means the same thing as "efficacy" which is a word I've been hoping to one day use, and well, I'm just living my dreamns here) of inter partes reexams, and noted that staying a case for what could well be a six year delay was not the direction he should go.  What was interesting was the Court's authority - it said that "Mark Chandler, Cisco?s V.P. and General Counsel perhaps said it best when he noted in testimony before the Senate Subcommittee on Intellectual Property in a hearing on patent post-grant review, ?The principle that justice delayed is justice denied applies with full force to the patent process.?

Full post as published by Eastern District of Texas Federal Court Practice on November 26, 2008 (boomark / email).