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Using 35 USC 154(D) To Speed Interferences |
October 4, 2012
If an interference is won by an applicant interferent and the losing party seeks court review of the board’s decision, it is the PTO’s normal practice to withhold issuance of the winning party’s application pending completion of all court review-including disposition of a petition for certiorari. Since the prevailing applicant-interferent can’t file an infringement action against the losing patentee-interferent until its patent has issued, and since normal infringement damages don’t begin accumulating until the infringement action has been filed, this sometimes leads to patentee-interferents’ stretching out even hopeless cases as long as possible.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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