Friday, June 4, 2010

Stay Pending Reexam Lifted Prior to Issuance of Reexam Certificate

Plaintiff's motion to lift a stay following the PTO's Notice of Intent to Issue Ex Parte Reexamination Certificate was granted. "Defendant is correct that the patent remains under review by the PTO until the Reexamination Certificate issues. But as Defendant also acknowledges, the NIRC terminates the prosecution stage of the reexamination. As Bob Dylan sang in 'Subterranean Homesick Blues,' 'You don’t need a weatherman to know which way the wind blows.' And you don’t need a Reexamination Certificate to know that this case is now poised to move forward."

Cook Inc. v. Endologix, Inc., 1-09-cv-01248 (INSD June 2, 2010, Order) (Baker, M.J.)

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