by Steve Driskill | Feb 26, 2016 | [sub] analogous art, [sub] information disclosure, Prior Art
Submitting a reference to the PTO in an information disclosure statement constitutes a tacit admission that the reference is at least analogous art if not material. Here, for example, the patentee’s arguments that a cited reference was not analogous art for the...
by Steve Driskill | Dec 14, 2012 | [sub] information disclosure, Inequitable Conduct, Prior Art
Somewhat of a moot point going forward in view of the new AIA supplemental examination procedures, the takeaway here is simply that a reissue application is permissible for an unintentional failure to file an IDS, and that “deceptive intent” in the reissue statute...
by Steve Driskill | Jul 2, 2012 | [sub] information disclosure, Prior Art
If one wants to be cynical, I think the big picture takeaway is that an issued patent, even a potentially invalid one, is valuable. This one was issued by pure mistake and it took the CAFC itself to invalidate it. Smaller picture, although the burden of proof remains...
