Reexaminations & Reissues
In a post-issuance proceeding, the U.S. Patent Office takes another look at an already-issued U.S. patent. Post-issuance proceedings have taken center stage as patent litigation has become more expensive, as well as more time- and resource-intensive. These proceedings can provide efficiencies and strategic advantages not only to avoid litigation but also as a tool with litigation.
The time pressures that the U.S. Patent Office rules impose place a premium on experience in handling patent prosecution. Inter partes and many ex parte reexaminations add a further dimension: a third party actively contesting the patent’s validity. Post-issuance proceedings often benefit from a multifaceted approach drawing on experience in patent prosecution and contested disputes, as well as technical acumen.
Nixon & Vanderhye has extensive experience in the areas of reexaminations and reissues:
- Nixon & Vanderhye has handled many reexamination and reissue post-issuance proceedings for Patent Owners and Patent Challengers.
- Nixon & Vanderhye attorneys include former U.S. Patent Office Examiners and U.S. Patent Office Board of Appeals Administrative Law Judges who know the ins and outs of complex rules and practice, as well as seasoned court advocates who routinely handle contested matters.
- We often use resources in a team approach to efficiently and effectively advocate our client’s position.
Our firm has recently handled reexaminations of patents relating to:
- hand-operated input devices,
- satellite distribution systems,
- radio antennas,
- optical components,
- closure devices,
- web browsing devices, and
- audio players.
In some inter partes reexaminations, the firm has been successful in challenging patents, leading to the U.S. Patent Office’s final rejection of original patent claims. In other inter partes reexaminations, the firm has been successful in defending original patent claims, leading to the U.S. Patent Office’s confirmation that all claims are patentable.
It is sometimes possible to stay litigation pending reexamination, and the firm has successfully advocated this position in appropriate cases. We believe our clients benefit from our familiarity with U.S. Patent Office practice and procedures, our technical backgrounds and our experience handling contested matters in courts, the ITC and other forums.
If you are interested in legal representation or would like more information, please contact one of our attorneys or call us at 1-703-816-4000.