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In an uncommon move, InComm’s competitor separately filed inter partes and ex parte reexaminations of the same patent.

Equally uncommon was the use of a patent owner’s statement in the ex parte reexamination by Fish & Richardson’s reexamination team to point out the commutative nature of the filings, and the lack of newness in questions raised. To this end, it was necessary to quickly integrate with InComm’s existing patent counsel to build a strategy to position InComm for success.

“Fish & Richardson are terrific to work with; smart, well‐prepared, and knew exactly how to guide us. They helped us achieve our goal very quickly.” Phil Chakiris, InComm Senior Director Intellectual Property.

With the benefit of the technological depth and background provided by InComm’s trusted and knowledgeable patent counsel, Karl Renner and Andrew Patrick developed and executed a cohesive strategy that ultimately resulted in the allowance of all claims in the ex parte reexamination.

“The ability of Fish & Richardson to work effectively with our long‐term existing counsel ultimately led to success in this important patent reexamination”, commented Phil Chakiris.


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