RedHat: Patent Lawsuits and Settlements
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Started by: zoobabzoobab
Date: 24 Jul 2008 09:40
Number of posts: 1
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But as Groklaw reported last week, the ‘502 patent “isn’t knocked out yet.” This office action is just an initial step in a proceeding that is far from final. The patent holder will probably argue to the examiner that the patent is valid over the prior art, a process that may repeat itself many times during the course of the re-exam. While initial office actions rejecting all claims are routine in re-exams, it is rare for the final result of a re-exam to be complete invalidation of all claims. In most re-exams, some or all of the claims of the original patent survive, though often with narrowing amendments. Thus, there is a strong possibility that the ‘502 patent will survive this re-exam in some form. In any event, just as with the Firestar lawsuit, the outcome of the reexamination proceeding is impossible to predict with certainty.
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