Telemac Corp. v. Teledigital, Inc.
450 F. Supp. 2d 1107 (N.D. Cal. 2006) Cited 114 times 3 Legal AnalysesFinding that four requests for reexamination that were missing necessary elements suggested movant was taking tactical advantage of opportunities for delay
MercExchange, L.L.C. v. eBay, Inc.
500 F. Supp. 2d 556 (E.D. Va. 2007) Cited 69 timesHolding plaintiff's failure to seek a preliminary injunction was “plainly not dispositive” and concluding that failure was only relevant in that particular case because it was “consistent with [the plaintiff's] strategy of pursuing market participants to exact licenses for infringement”
NTP, Inc. v. Research in Motion, Ltd.
397 F. Supp. 2d 785 (E.D. Va. 2005) Cited 28 timesDenying stay on remand where a jury found infringement but the PTO had not issued first office actions against all patents at issue
Section 305 - Conduct of reexamination proceedings
35 U.S.C. § 305 Cited 173 times 11 Legal AnalysesNoting that "reexamination will be conducted according to the procedures established for initial examination under the provisions of Sections 132 and 133"
Section 295 - Presumption: Product made by patented process
35 U.S.C. § 295 Cited 34 times 6 Legal AnalysesAddressing "product made by patented process."