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03/04/14 12:35 PM

#68265 RE: tbone1360 #68263

As of 30 seconds ago

Walgreens is still challenging the validity of MMRF's patent at the USPTO. (see below document and statistics that follow)

https://ptabtrials.uspto.gov/



Why was MMRF forced to settle?

""As an example: For fiscal year 2009 ending September 30, 2009, 658 ex parte reexamination and 258 inter partes reexamination requests were filed. 92% of ex parte reexamination requests and 95% of inter partes reexamination requests were granted. Of the patents that were subject to reexamination recent trends show that more than 60% of these patents are involved in concurrent litigation. Average pendencies to reexamination certificate for these proceedings were 25.2 and 35.8 months, respectively. For ex parte reexamination concluded proceedings, 25% had all claims confirmed, 11% had all claims canceled and 64% had claim changes. For inter partes reexamination concluded proceedings, 6% had all claims confirmed, 54% had all claims canceled or disclaimed and 40% had claim changes.""

http://www.patentspostgrant.com/lang/en/2009/11/the-uspto%E2%80%99s-central-reexamination-unit

""These USPTO reexamination statistics demonstrate that reexamination proceedings conducted by the CRU quite often result in patents having their scope of protection narrowed; accounting for the increased popularity of third parties filing reexamination requests, especially where the reexamined patents are in concurrent litigation. - eom.""