• The Use of Inter Partes and Ex Parte Reexamination in Patent Litigation
  • February 14, 2006 | Authors: David M. O'Dell; David L. McCombs
  • Law Firm: Haynes and Boone, LLP - Richardson Office
  • Without question, corporate America bears substantial cost associated with ever-increasing accusations of patent infringement and defense of patent infringement law suits. Typical defenses to an allegation of patent infringement include noninfringement and invalidity. However, the latter defense suffers from a relatively poor track record -- courts and juries are reluctant to second guess the Patent Office to find a patent invalid. In fact, to avoid inconsistent themes at trial, some litigants choose to deemphasize the invalidity portion of their case and focus their energy primarily on noninfringement.