If IPR’s not Your Bag, Consider Ex Parte Re-examination
These days, we generally think about inter partes review as a first option to challenge patentability. Rightly so. But don’t forget about ex parte reexamination (“XPR”). Even in the IPR era, patent challengers are still successfully using XPR to attack patents of suspect validity and even leveraging XPR results into wins in district courts.
A case in point is Golden Eye Media USA, Inc. v. Trolley Bags UK Ltd., 3:18-cv-02109-BEN-LL (S.D. Cal.). The Golden Eye case arose in 2018, after Defendants filed take-down complaints with Amazon against Plaintiffs, seeking to bar sales of Plaintiffs’ reusable bags because of alleged infringement of U.S. Design Patent No. D779,828 (“’828 patent”).
Source: JD Supra, LLC