09:10 ET NEW YORK (CBS.MW) - CNS Wednesday said the U.S. Patent and Trademark Office will re-examine two of CNS' nasal strip patents to determine whether certain patent claims will continue in force or be changed. The re-examination is at the request of the defendant in a patent infringement suit initiated by CNS relating to the two patents. Both patents remain valid unless the Patent Office rules otherwise, according to the company. On Tuesday shares of the Minneapolis health care products company rose 33 cents to $12.64.Should be interesting...--Bill
For anyone interested The two patents at issue are U.S. Patent No. 6,318,362 and U.S. Patent No. 3,533,503.
FYI,U.S. Patent Nos. 6,318,362 and 5,533,503 expire at the earliest in 2011. Also, the vast majority of the reexaminations end with at least some of the patent claims being "confirmed." Requesting a reexamination (like the defendants in the CNXS case) can be dangerous. If the Patent Office confirms any claims that cover the defendant's product, then its lights out and the defendant is talking settlement. In my view, the patent claims look pretty good and should keep out competitors at least through this decade.CK
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