May 09, 2006


Rethink(IP)

NPT alleging that the USPTO engaged in improper communications with third party in Blackberry case



by Stephen M. Nipper




Did the PTO Engage In Improper Communications with Third Parties That Are Not Reflected In The Record Of Decision for the NPT (Blackberry) Reexaminations?

That is the exact argument made in an Response (dated April 24, 2006) filed by NPT in one of their patent reexaminations.  A copy of the relevant portion of the Response is here [File Attachment: NTP_Reexam_Responsel.pdf]. 

Mysteriously, the “Anderson Declaration” is A.W.O.L. on PAIR.  If anyone has a copy, please let me know!  The attachments to the missing Declaration include internal USPTO emails (some of which were redacted) and other documents.

The arguments presented in the Response include:

If you want to pull your own copy off PAIR:  Application Number: 90/007,731, 90/006,675, 90/006,533; Applicant: Campana, Jr. et al.

If you ever need to make your own FOIA request with the USPTO:  http://www.uspto.gov/web/offices/com/sol/foia/

More to follow…

[hat tip:  Hal Wegner]

[update:  AWOL documents explained?]




Posted to Rethink(IP) by Stephen M. Nipper in categories: U.S. Patent Law
E-mail us regarding this post at rethinkip at gmail dot com.
Copyright 2006 Stephen M. Nipper