On August 25, 2006, the PTO is implementing a new strict practice regarding petitions for accelerated examination (AKA “petitions to make special”). [information here]. The new requirements require, inter alia, that the patent application be filed electronically along with the petition. As a Patently-O reader recently discovered, this appears to rule-out filing a petition based on later-discovered infringement.
As a prosecution tip, the way to overcome this difficulty is to electronically file a continuation application along with the petition to make special as soon as the infringement is discovered (and the appropriate search is analyzed). As has been mentioned before, the new rules and restrictions associated with accelerated examination can dramatically increase up-front costs to the client, and they have some potential for loss of rights for your client.
Note: Jim Hawes and I are just now completing the August 2006 updates for Patent Application Practice (West). The book serves as a single volume daily reference guide for patent practitioners and includes the basics as well as practical tips and advice. Jim & I keep it up-to-date with twice-yearly updates. (Link).