"If left unchecked, the system risks shifting toward a model where every patent challenge becomes a multi-shot challenge within the Office, where finality is not just elusive but impossible."
"SFI explains that IBM 'essentially replaced the caption of its failed IPR petition and resubmitted the same document' as a reexamination request."
"The overlap is complete: the same claims are challenged using the same references-Dickinson, Hardjono, and Moulton-and the same combinations and arguments."
"This is not a situation where new evidence or a refined theory is being presented by a patent challenger. It is duplication, pure and simple."
A petition by Security First Innovations highlights vulnerabilities in the post-grant review process at the USPTO. It argues that the Office permits procedural circumvention of statutes designed to streamline patent challenges. The case illustrates how IBM, after failing to initiate an inter partes review, simply rebranded its request as an ex parte reexamination without any substantive changes. This practice undermines the reforms intended to prevent duplication and could lead to an endless cycle of challenges, contradicting the intent of Congress in enacting relevant statutes.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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