Inter Partes Reexamination (Sec. 6)
Modifies the estoppel provision in §315(c) by striking, “or could have raised.” Expands the availability of the proceeding to all patent applications and:
Expands the Director’s authority to initiate a review and prevents an inter partes reexamination after a district court decision has been entered.
Expands the Director’s authority to initiate a review and prevents an inter partes reexamination after a district court decision has been entered.
The PIA Viewpoint
This change will allow patent pirating companies to use Inter Partes Reexamination to harass and bleed inventors financially until they are bankrupted.
While the Director should not under any circumstances be given more authority we agree that all reexaminations a party has in process should be terminated upon a finding of infringement by the court. At this time patent pirates are being allowed to take another bite from the apple after a court has been determined that they are infringing a patent.