Alerts & Commentary
Alert – RMBS
RMBS
Today the USPTO confirmed validity of several RMBS Patent claims at issue, particularly and presently at issue with nVidia (NVDA). This is extremely important because once the USPTO completes a reexam and confirms validity of any Patent or Patent Claim, it cannot be challenged again, including any legal actions, ongoing or otherwise.
However, the decision by the USPTO can be appealed to the CAFC but it is my understanding that less than 5% of appeals after a reexam has “confirmed” validity are successful even to the extent that the decision is sent back for further examination. In other words, once the USPTO reconfirms a Patent’s validity through reexamination, it is extremely rare for a successful appeal.
On the other hand, when Patents are found to be invalid after reexamination, the appeal success rate is for the Patent holder is 80%+.
Very very good news. The hits just keep on coming.
Coach BD
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