Intellectual Property Law

Judge Sue L. Robinson: Some Notes on Reexamination

By Karen E. Keller, Andrew A. Lundgren et al.

Some Notes from Judge Robinson on Reexamination:

- A prosecution bar will not extend to counsel (for either party) involved in a reexamination proceeding as neither party's confidential information is relevant to that proceeding.

- Amendments and revisions to claims during reexamination are considered admissions regarding validity. The Court will consider any inconsistent positions (that is between the litigation and the reexamination) and the effects of any admission on "an appropriate motion."

Kinexa Brassring Inc. v. Taleo Corp., C.A. No. 07-521-SLR, Memo. Order (D. Del. Feb. 18, 2009).

Full post as published by Delaware IP Law Blog on April 03, 2009 (boomark / email).