Post-Trial Re-examination

To what extent does re-examination equip an infringer who loses in court with the additional opportunity, aside from an appeal, to escape liability?

21 minute read August 27, 2009 at 11:10 AM

Zachary Silbersher

A patent always faces the threat that it could be invalidated on re-examination. Yet, for a patentee who has already sued for infringement, won a jury verdict, and obtained a judgment for damages, does a subsequent re-examination pose an equal threat to that award?

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