"On Friday, the U.S. Patent and Trademark Office (USPTO) published an order granting a third-party request for ex parte reexamination of patent rights owned by American computer memory developer Netlist and asserted in a larger infringement action against tech giants Samsung and Google across several legal fora. The USPTO's reexamination grant comes despite a series of so far unsuccessful validity challenges raised by alleged infringers against the same patent rights, which are now challenged by an anonymous party repackaging many of the arguments that previously failed."
"This August, a request for ex parte reexamination was filed allegedly raising a substantial new question of patentability as to Netlist's U.S. Patent No. 10268608, Memory Module with Timing-Controlled Data Paths in Distributed Data Buffers. In October, Netlist filed a petition asking the USPTO Director to exercise discretionary denial authority under 35 U.S.C. § 303(a), which governs Director determinations of substantial new questions of patentability in reexaminations, and 35 U.S.C. § 325(d)."
USPTO granted a third-party ex parte reexamination of U.S. Patent No. 10268608, owned by Netlist and asserted against Samsung and Google. The reexamination request repackaged prior arguments that alleged infringers previously raised and lost. Netlist petitioned the USPTO Director under 35 U.S.C. § 303(a) and § 325(d) to deny the request, citing multiple prior validity challenges including district court actions and three failed inter partes review petitions at the PTAB. Netlist identified duplicative prior art cited in the request, including U.S. Patent Application Nos. 20100312956 (Hiraishi) and 20060277355 (Ellsbury). Netlist also argued requester anonymity weighed against any estoppel application.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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