Paul Allen's Lawsuit Patents To Be Reexamined 57
eldavojohn writes "Last year Microsoft co-founder Paul Allen filed suit against eleven tech companies citing patent infringement on four of his patents. Groklaw has followed up with some interesting documents that reveal three out of the four have already been granted a reexamination by the USPTO with the fourth still pending."
Re:Grawklaw? Aren't they DEAD? (Score:5, Informative)
Anon Patent examiner here (Score:5, Informative)
I wouldn't get too excited yet. Of the three that have had re-exam ordered only one has had the next step, a non-final rejection. After the non-final rejection the patent owner then gets to respond with arguments, evidence showing non-obviousness (inventor affidavits), or amending claims. The reexam examiner can then if unconvinced Finally reject the claims. Even this is pretty meaningless because the examiners decision will be appealed to The Board of patent Appeals.
Of the 190 appeals revived from re-exam about 20%of Final rejections are overturned in full and another 20% are overturned in part.
http://www.uspto.gov/ip/boards/bpai/stats/receipts/fy2011_apr_e.jsp [uspto.gov]
If the patent is still rejected after this the patantee can appeal to the CAFC. Then to CAFC en banc and then finally to the Supreme Court (en banc and Supreme Court are obviously (no patent pun intended) not guaranteed).
So basically a Non-final action meas Jack and shit and Jack quit the patent office last week.
Re:A real shame (Score:4, Informative)
The Cinerama restoration and KEXP's migration beyond college radio come to mind. Other people would cite EMP, although I'm not a fan of that one. He has also funded some interesting (if abortive) scientific projects like the Allen Telescope Array.
I don't live there so I don't know anything about his various South Lake Union ventures and schemes, but I will say that my impression of Allen was generally positive prior to what he's doing now. Not that he gives much of a hoot what some random people on Slashdot think about him.