my3sons: A patent upon issuance is considered valid. A court can declare a patent to be invalid. In addition, the USPTO, after reexamination can cancel a patent. As I previously posted, According to TSRA, adverse decisions by the USPTO could seriously affect their various litigations
“The patents that are subject to the above-described reexamination proceedings include some of the key patents in Tessera’s portfolio, and claims that have been preliminarily rejected in the current official actions are being asserted in certain of Tessera’s various litigations. The Company cannot predict the outcome of these proceedings. An adverse decision in any of these proceedings could significantly harm the Company’s business and financial condition. An adverse decision could also significantly affect Tessera’s ongoing litigations, as described in this Note 11 – “Commitments and Contingencies,” in which patents are being asserted, which in turn could significantly harm the Company’s business and consolidated financial position, results of operations or cash flows."
As a matter oif interest regarding USPTO procedures, the following TSRA press release covers the USPTO reexamination of one of the two patents involved in the ITC case. The USPTO actions are subject to review by the CAFC. (note: the USPTO has also rejected the other asserted patent in the ITC case.)
Tessera Receives Right of Appeal Notice in '419 Patent Re-exam
SAN JOSE, Calif.--(BUSINESS WIRE)--Jun. 23, 2009-- Tessera Technologies, Inc. (Nasdaq:TSRA) today announced that it has received a Right of Appeal Notice, dated June 19, 2009, from the U.S. Patent and Trademark Office (PTO) addressing the ongoing "inter partes reexamination of Tessera's U.S. Patent No. 6,433,419 (the '419 patent). On September 17, 2008, the PTO had issued, but then later withdrew, a Right of Appeal Notice relating to the '419 patent. The new Notice withdraws one prior rejection of the claims under reexamination, but maintains the other prior rejections of the claims under reexamination. Tessera is currently reviewing its options related to this new Notice.
Unless the Right of Appeal Notice is again withdrawn by the PTO, the reexamination proceedings may now move on to the Board of Patent Appeals and Interferences, after which they may go back to the Examiner, or proceed to further appeal in the U.S. Court of Appeals for the Federal Circuit. Typically, these appellate procedures can take many years to be resolved. The claims of a patent undergoing reexamination remain valid. A reexamination certificate canceling, changing or confirming existing claims can only be issued after all appeals in a reexamination proceeding have been exhausted."
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