Appeal No. 2005-2512
Reexamination Control No. 90/006,431
A “Notice of Related Reexamination Proceeding”4 filed in this reexamination
proceeding by the Patent Owner (Synopsys) explains that Patent 5,878,053, which is
the subject of Reexamination Control No. 90/006,331 (also requested by Nassda), is
related to the ‘952 patent involved in this reexamination proceeding. Nassda’s request
for reexamination of the ‘053 patent (“‘053 Request”) identifies two litigations involving
that patent: Synopsis, Inc. v. Nassda Corporation, Case No. C-01-2519 SI (N.D. Cal,
San Francisco Division); and Synopsis, Inc. v. An–Chang Deng, et al., Case No. CV
787950 (Santa Clara County Superior Court, Cal.). ‘053 Request 2-3. An-Chang
Deng is a founder and an officer of Nassda. Id. at 3. The ‘053 Request states that “due
to a procedural defense asserted by Synopsys, Nassda is foreclosed from challenging
the validity of the ‘053 patent in court. Accordingly, the U.S. Patent and Trademark
Office (“Patent Office”) is the only forum in which these substantial new questions of
patentability can be addressed or resolved.” Id. at 2-3.
Appellant contends that the outcome of neither reexamination proceeding should
have any effect on the other because the inventions claimed in the two involved patents
are significantly different. Br. 4.
On April 18, 2006, the PTO issued a reexamination certificate in the ‘331
reexamination proceeding confirming the patentability of some claims of the ‘053 patent
and canceling others.
4 Paper No. 10, dated March 21, 2003.
3
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