USPTO Ordered One of the First Inter Partes Reexaminations Under the New Patent Law

Washington, DC – December 7, 2011 – The Intellectual Property & Litigation law firm Mei & Mark LLP today announces that the United States Patent and Trademark Office (USPTO) has granted Mei & Mark LLP’s request for an inter partes reexamination under the new Patent Law and issued an office action rejecting claim 1 of U.S. Patent No. 7,008,053.

Under the America Invents Act, effective September 16, 2011, the standard for granting an inter partes reexamination has changed from “a substantial new question of patentability” to “a reasonable likelihood to prevail.” Starting on September 16, 2012, inter partes reexaminations will be replaced by inter partes reviews.

Krystyna Colantoni, a partner at Mei & Mark LLP who is a former Patent Examiner, filed one of the first inter partes reexaminations (Reexamination Control No. 95/001,778) under the new law on October 11, 2011 on behalf of a third party requester. The USPTO granted Mei & Mark LLP’s request and issued the above-mentioned office action on December 2, 2011.