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Ex Parte Reexamination Barred Based on Earlier IP

Ex Parte Reexamination Barred Based on Earlier IPR, PTAB Litigation Blog

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On November 16, 2022, the United States Patent and Trademark Office (“PTO”) vacated a reexamination proceeding because the patent challenger relied on unpatentability grounds that reasonably could have been raised in an earlier inter partes review.  Ex parte Reexamination of U.S. Patent No. 6,601,821, 90/014,950, Decision on Petition to Vacate Reexamination Order (USPTO, Nov. 16, 2022).

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