Federal Court Dismisses Factor2 Multimedia’s Challenge to PTO’s Ex Parte Patent Reexaminations
Claims that ex parte reexaminations violate constitutional rights rejected; motions to stay and amend complaint also denied
A federal court has dismissed Factor2 Multimedia Systems LLC’s lawsuit alleging that the U.S. Patent and Trademark Office’s (PTO) ex parte reexamination proceedings violate the Seventh and Fifth Amendments. The court held that patent rights are public rights subject to administrative adjudication and that no jury tria…