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Re: eyeownu post# 22520

Wednesday, 04/17/2024 11:26:28 PM

Wednesday, April 17, 2024 11:26:28 PM

Post# of 22819
sounds like hes saying the same thing i just did except with a lot more detail.............

Stokd
9:56 PM

$NLST Appreciate the great contributions by many valuable voices on this great board... we've come a long way.

On the topic, something to keep in mind about the process involved for a patent claim to be cancelled—we're far from it.

From article explaining the following:
"A typical IPR where the petitioner prevails includes the following three-step sequence:
1)Unpatentable Decision: PTAB issues a final written decision concluding that the challenged claim has been proven unpatentable with a preponderance of the evidence.
2)Affirmed on Appeal: On appeal, the Federal Circuit affirms that judgment.
3)Certificate of Cancellation: Once the appeal is complete, the USPTO Director then issues a certificate canceling the claim."

Points on:
-"at what point are the claims no longer enforceable?
-"what about infringement that occurred (and lawsuits pending) prior to the cancellation?"
-"arguing that the use of IPRs to prevent infringement lawsuits violate due process."
https://patentlyo.com/patent/2023/02/cancelling-patent-claim.html
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