Monday, March 21, 2011

The demise of claims of US 7,123,708 in inter partes re-examination

On March 21, 2011, Peerless Network issued a press release about the demise of clams of its competitor's US 7,123,708 in re-examination.

The re-examination of US 7,123,708 to Neutral Tandem (95/000350) was inter partes with third party requester Peerless submitting remarks pursuant to 37 CFR 1.947 on February 4, 2011 which likely influenced the outcome mailed out on March 11, 2011.

There was an issue with Figure 18 being inconsistent with the patentee's claim construction and the requester made reference to 37 CFR 1.75(d)(1), Ex parte Turner, 2008 WL 3846802, and Vitronics v. Conceptronic, 90 F.3d 1576 (CAFC 1996).

There were also issues raised with inconsistent litigation testimony.

There were also arguments about efficiency of the prior art references.


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