| October 21, 2011 |
Wi-LAN files its response to the second non-final Office Action arguing all claims are patentable over the newly cited prior art. |
Response to Second Office Action  |
| July 21, 2011 |
USPTO mails second non-final Office Action accepting Wi-LAN’s previous arguments regarding the cited prior art; but adds new rejections 35 U.S.C. 102 and 103 rejections based on newly cited prior art. Newly added claims from previous response are allowed. |
Second Office Action |
| October 29, 2010 |
Wi-Lan files its response to the non-final Office Action arguing all claims are patentable over the cited prior art and adding new claims. |
Response to First Office Action |
| July 29, 2010 |
WiLAN receives a first non-final Office Action from the USPTO rejecting claims 7 to 12 under 35 U.S.C. 102(b) and rejecting claims 13-15 under 35 U.S.C. 103(a). This is the typical first step in the ex parte re-examination process. Wi-LAN will file its response in due course and the re-examination process will continue for approximately 18-24 months. The '402 patent remains valid and enforceable unless and until a final contrary determination has been made by the USPTO and all appeal rights have been exhausted. |
Non-Final Office Action |
| March 2, 2010 |
The USPTO has granted the re-examination request. |
Re-examination grant |
| December 24, 2009 |
A law firm filed a request for Ex Parte re-examination at the U.S. Patent and Trademark Office (USPTO) in respect of U.S. Patent No. 5,828,402 owned by Wi-LAN Inc. Wi-LAN does not know the identity of the real party in interest who made this re-examination request. It is expected that the U.S. Patent and Trademark Office will respond to this request within the next 3 months.
Management Comment
This patent is one of the patents involved in Wi-LAN’s SDNY case 10 CV 432. It has now become very common for Defendants in patent infringement lawsuits to, as part of their defense strategy, file requests for re-examination of patents at issue in such actions. It is expected that the U.S. Patent and Trademark Office will respond to this request within the next 3 months.
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Re-exam Request |