Monday, January 7, 2013

Emergency Stay Pending Reexam Rejected Because Action Closing Prosecution Was Not Final

The court denied defendant's emergency motion to stay pending an inter partes reexamination where the PTO issued an Action Closing Prosecution that rejected all claims of the patent-in-suit. "The Court believes that 'final' does not always have its plain and ordinary meaning at the USPTO. . . . An Action Closing Prosecution is far from a 'final' rejection. Here it is apparent that the reexamination proceedings in this matter are still very far from complete and the final outcome at the USPTO is at least several years away. It is hard for this Court to understand [defendant's] possible justification for asserting this Motion to be an 'emergency' when confronted with the practical realities of practice before the USPTO. . . ."

Portal Technologies v. Yahoo! Inc., 2-11-cv-00440 (TXED January 3, 2013, Order) (Gilstrap, J.).

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