NPT alleging that the USPTO engaged in improper communications with third party in Blackberry case

Posted by Stephen M. Nipper at May 9, 2006 01:07 PM

Did the PTO Engage In Improper Communications with Third Parties That Are Not Reflected In The Record Of Decision for the NPT (Blackberry) Reexaminations?

That is the exact argument made in an Response (dated April 24, 2006) filed by NPT in one of their patent reexaminations.  A copy of the relevant portion of the Response is here [File Attachment: NTP_Reexam_Responsel.pdf]. 

Mysteriously, the “Anderson Declaration” is A.W.O.L. on PAIR.  If anyone has a copy, please let me know!  The attachments to the missing Declaration include internal USPTO emails (some of which were redacted) and other documents.

The arguments presented in the Response include:

  • The PTO Had An Ex Parte Meeting With RIM To Discuss The Reexaminations

  • PTO Files Contain Communications With Third Parties

  • Political Pressure Resulted in Actual Bias Against Patent Owner

If you want to pull your own copy off PAIR:  Application Number: 90/007,731, 90/006,675, 90/006,533; Applicant: Campana, Jr. et al.

If you ever need to make your own FOIA request with the USPTO:

More to follow…

[hat tip:  Hal Wegner]

[update:  AWOL documents explained?]

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