Monday, September 24, 2007

Interesting from Patent Hawk

"KSR has created a favorable forum: inter partes reexamination requests, i.e., someone other than the patent holder butting in, were once shunned for the risk of bullet-proofing a patent, but now are soaring as a low-cost bet to smother patents in the cradle, before they walk into the courtroom. The recent kill rate is at 88%.

Litigation estoppel applies to as far as any ground that could have been raised. That includes any prior art that should have been discovered. But the upward trend indicates that previous worries have been assuaged by the anti-patent fervor that seems to have gripped the nation."

View article...