Tuesday, April 30, 2013

Reexamination Stayed Pending Outcome of Concurrent Inter Partes Review

The Board ordered the stay of a concurrent, ordered, ex parte reexamination proceeding of the same patent for which the petitioner filed a petition for inter partes review. "Conducting the reexamination concurrently with this proceeding would duplicate efforts within the Office and could potentially result in inconsistencies between the proceedings.... In addition, the Board is required to determine whether to institute an inter partes review within three months of receiving a preliminary response from the Patent Owner, or the date on which such a response is due (i.e. April 30, 2013).... The final determination of any review instituted will normally be issued no later than one year from institution.... Any Board decision on whether to institute a review or final written decision with respect to the patentability of the challenged claims will likely simplify the issues in the reexamination."

Petition for Inter Partes Review by InVue Security Products Inc., IPR2013-00122 (PTAB April 2, 2013, Order) (Bisk, APJ).

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