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Nicdagreek

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Nicdagreek

Re: Threejack post# 11357

Sunday, 09/17/2006 11:47:10 AM

Sunday, September 17, 2006 11:47:10 AM

Post# of 17023
How long does a reexamine usually take, I wonder? Without studying the '916, in your experience do most patents survive reexamination by the PTO?

Typically about 18 months... but may be a bit longer with inter partes cases...

It is rare for a patent to be completely killed in reexam; the real danger, however, is that if one is forced to amend the claims - in any way - the requesting party can claim "intervening rights" and thus skate paying any damages for past infringement.

This can be a significant chunk of change of course, and it explains why the person waited so long. There is a rationale for waiting till the last minute: it erases a bigger number of damages if the claims are amended.

Whether Rambus will have to amend or not is beyond my vision right now, I don't know the claims or prior art at issue here - yet.

Da Greek
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