Jeffrey Townes and Hongling Zou co-authored an article about how there are indications that experienced patent litigants are taking a fresh look at the old post-grant friend ex parte reexamination, particularly when other challenges fail. While it is too soon to call this the start of a trend, it is a timely reminder that pre-America Invents Act tools still have several concrete advantages that might have been overlooked in the rush for inter partes and post-grant reviews. In one recent case in the Eastern District of Texas between Agis Software Development and Google, Judge Gilstrap issued a stay after the institution of an ex parte reexamination, despite the same asserted patents being previously denied inter partes review institution.
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