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To: JGoren who wrote (23151)2/20/1999 5:55:00 PM
From: Dave  Read Replies (1) | Respond to of 152472
 
JGoren:

Re-issue, extension, whatever you want to call it (presumably Ericy had some idea this might occur)--are factors that would lead Ericy not to make a preliminary injunction attempt

I don't work for Ericsson, either directly or indirectly. To be honest, I do not know why they wouldn't file for an injunction. It is one of the steps in a patent infringement suit.

With regards to the "Re-issue" or "Re-exam" of patents, it is not done often, but it is done within the office. I believe it is more of a "non-effect" and, technically, after a "Re-issue" or "Re-exam", it should be more difficult to invalidate that patent in court, if the proceedings were done correctly within the PTO.

dave



To: JGoren who wrote (23151)2/24/1999 3:20:00 AM
From: Ingenious  Respond to of 152472
 
Dave/JGoren - Reissue and injunctions etc.

JGoren, preliminary injunction is almost always a good move. The reissue is a public matter so no additional "cards" are being shown during the process. In fact, the reissue process involves a period of time ( I believe 3 months) where the new claims are up to public scrutiny. If you get a PI, it is a very good sign that the judge believes you have a great case based on the facts presented. Alternatively, denying PI is not so determinative as to the outcome of the case.
Leland

I wasn't very clear. Re-issue, extension, whatever you want to call it (presumably Ericy had some idea this might occur)--are factors that would lead Ericy not to make a preliminary injunction attempt. You have to show a lot of cards to do that; and if you are trying to bolster your case or you are trying to get re-issue you would not want to muck it up with preliminary injunction proof. You can damage yourself.