Ex Parte Reexaminations

Cheaper than inter partes reviews and less susceptible to discretionary denials, ex parte reexaminations have become another attractive option for challenging patents at the United States Patent and Trademark Office. McNish PLLC represents both patent challengers and patent owners in ex parte reexaminations. For patent challengers, Kevin McNish has drafted and filed ex parte reexamination requests; for patent owners, he has prepared experts for examiner interviews, contributed to office action responses, and participated in ex parte appeals to the Patent Trial and Appeal Board. He has also prepared and litigated reexamination-related petitions to the Central Reexamination Unit and the Office of Patent Legal Administration.

Representative Work*

Ex Parte Reexaminations – Counsel for Requester

Prepared and filed two ex parte reexamination requests against a patent related to expert systems.

Ex Parte Reexaminations – Counsel for Patent Owner

Represented the patent owner in two ex parte reexaminations involving a patent related to nucleic acid diagnostics.

Ex Parte Reexamination – Counsel for Patent Owner

Represented the patent owner in an ex parte reexamination involving a patent related to logistics systems.

*Includes experience obtained at previous law firms.