Appeal 2007-2127
Reexamination Control No. 90/006,621
PENDING AND RELATED LITIGATION
The '603 and '604 patents are the subject of an infringement action,
Reiffin v. Microsoft Corp., No. C 98-266 (N.D. Cal. filed Jan. 23, 1998).
That civil action has been stayed pending the outcome of this reexamination.
There have been numerous decisions related to this litigation. The
three most relevant decisions to this appeal are:
Reiffin v. Microsoft Corp., 214 F.3d 1342, 54 USPQ2d 1915 (Fed. Cir.
2000). The Federal Circuit held that the district court erred in looking to the
text of the original 1982 application to determine whether the '603 and '604
patents, filed in 1990 and 1994, comply with the written description
requirement when there was no reliance on the benefit of the 1982 filing
date. The court reversed and remanded. The majority did not reach the
validity of the "omitted element test" relied upon by the district court.
Reiffin v. Microsoft Corp., 64 USPQ2d 1107 (N.D. Cal. 2002). The
district court's claim construction hearing (Doc # 365 in civil action).
Reiffin v. Microsoft Corp., 270 F. Supp. 2d 1132 (N.D. Cal. 2003).
The district court decision on eight motions granting Microsoft's motion for
partial summary judgment of invalidity of the '603 patent under 35 U.S.C.
§ 112, first paragraph, for lack of written description, and finding that the
'604 patent is not entitled to a priority of 1990 or earlier under § 120.
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