Friday, December 12, 2014

Contrary Construction in Reexamination No Basis for Reconsideration of Court’s Claim Construction

Following an ex parte reexamination of the patent-in-suit, the court denied plaintiff's motion to reconsider claim construction and vacate a related summary judgment order. "Although [plaintiff] concedes that its proposed course of action would result in disrupting litigation which has relied, for eight years, on the 2006 Markman Ruling, it nevertheless contends that 'reconsideration would promote judicial economy and efficiency' because 'reversal [of the 2006 Markman Ruling] is likely.' The Court disagrees. . . . [P]ut simply, the PTO Ruling is not binding on this Court, nor is it binding on the Federal Circuit. . . . [Plaintiff] has repeatedly sought -- and has been repeatedly denied -- reconsideration of the 2006 Markman Ruling based on the contrary construction in [another case involving the same patent]. The fact that the PTO Ruling is apparently consistent with [that other case] does not alter the Court's conclusion about whether reconsideration is warranted, nor does it undermine the soundness of the 2006 Markman Ruling."

Enzo Biochem, Inc., et al v. Molecular Probes, 1-03-cv-03816 (NYSD December 10, 2014, Order) (Sullivan, J.)

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