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WARF is likely to hold on to stem cell patent rights

Editor's note: Grady Frenchick co-authored this commentary with Michael J. Cronin, Ph.D., J.D., an intellectual property associate with Whyte Hirschboeck Dudek in Madison.

A look at the facts in the dispute over three important University of Wisconsin stem cell patents - and the history behind similar disputes - show......

Full article >>> ion, Inc. The documents filed by the requestor are called requests.

Q: How many re-examination requests have been made?

A: Three, involving three patents.

Q: What type of re-examination requests are these?

A: Two are Ex Parte (meaning "from one party) (EPR), one is an Inter Partes (meaning "between the......

Full article >>> r> A: Yes, by a patent examiner other than the examiner who handled the first prosecution and, according to PTO policy, two conferees.

Q: Are these requests available for public examination?

A: Yes, at the U.S. Patent and Trademark Office's public patent application information retrieval (PAIR) database; simply search the patent numbers and check on continuit......

Full article >>> confidence.

Re-examination - specifically

Q: How do re-examinations come about?

A: Re-examinations can be requested by any member of the public (including the director of the PTO and a patent owner requesting re-examination of its own patent). The requestor must identify and state the bases for the PTO to find a SNQOP. Only prior-art patents or print......

Full article >>> ("Request") of all claims of thee related (see Table 2) WARF U.S. patents, viz. 5,843,780, 6,200,806, 7,029,913 (see Table 2).

Each request was initially evaluated by the PTO, SNQOPs were found, (PTO statistics suggest this happens in nine of 10 proceedings) and re-examination was ordered, of all claims of all three WARF patents, on Sept. 30, 2006.

The finding of a SNQOP and ord......

Full article >>> anced-degree scientists. The patent owner usually also has substantially greater resources and time to devote to this dispute than does the PTO.

For EPR, the patent owner only needs to win once, whereas the PTO must win at all three levels in order for revocation of all claims to occur. While this is also true of IPR, appeal rights provide the possibility of reversal. The p......

Full article >>> r>
5,843,780 6,200,806 7,029,913
Application No. 08/591,246 (`246) 09/106,390 (`390) 09/982,637
Patent Issued December 1, 1998 March 13, 2001 April 18, 2006
Patent Filed January 18, 1996 June 26, 1998......

Full article >>> ef="http://wistechnology.com/article.php?id=3370">WARF stem cell patents to be re-examined

WARF expects review of stem cell patents

Request to re-examine WARF stem cell patents escalates war of words

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