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Same Patent Fight, New Patent Challenges

Publication Date: 
September 19, 2007
Caron Carlson quotes Mark Lemley in a story about a lawsuit filed against several large wireless companies on the same day the U.S. House of Representatives passed the most sweeping patent reform legislation in 55 years. According to the article, the U.S. Patent and Trademark Office "has taken a second look at the validity of patents at issue...ruling that some of them are invalid."

Now that the PTO's review is further along, it is somewhat more likely that the case against the wireless carriers could be stayed, said Mark Lemley, a Stanford Law School professor. "Here the patent office has already been acting on this matter, so it might be reasonable for a trial judge to say, 'I'll wait and see.'"


"It's going to be very hard for [NTP] to meet the eBay test," Lemley said. "I think a lot of the reason that RIM ended up paying so much in the case was to avoid the threat of injunctive relief."