Patent Office Issues Reexamination Order on Digimedia Patents

September 6, 2012

Wilmington, DE - Sep 6, 2012 - On Aug. 30, 2012, the US Court in Delaware was notified that on Aug. 21, 2012, the U.S. Patent and Trademark Office issued an order granting request for exparte reexamination of U.S. Patent 5,629,867 on all current patent claims, and on Aug. 23, 2012, the Patent Office issued an order granting request for ex parte reexamination of U.S. Patent 5,809,246 on all current patent claims. All the current claims of the '867 and '246 patents will be reexamined because the Patent Office found the reexamination requests raised "[a] substantial new question of patentability" affecting all claims (claims 1-10) of the '867 patent and all claims (claims 1-9, 12, 13, 15, 16, 19, 20, 22, 23, 25, 26, and 28-30) of the '246 patent. All claims of the '246 patent that were not canceled in the last reexamination will be reexamined. It is very likely that some or all of these claims will be further narrowed, or even canceled, during the reexaminations, which will simplify issues for trial. As expected, the Patent Office also is acting expeditiously in the reexaminations, issuing both of the orders only a few weeks after the requests were filed. The Defendants (Beasley Broadcast and others) have asked the court to deny the Digimedia motion to lift the stay.

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