Cooper Cameron v. SAFOCO (Fed. Cir. 2009) (2009-1435) (Reexam No. 95/000,017)
The Cooper Cameron case looks to be the first inter partes reexamination appeal heard by the Federal Circuit. In a recent filing to the Federal Circuit, PTO Solicitor Ray Chen filed an interesting brief – indicating that the PTO should be captioned as a party in the case under 35 USC 143. Federal Circuit Appeal No. 2009-1435.pdf . Substantive briefs have not yet been filed in the case.
In the parallel infringement litigation, the S.D. Tex. court recently held that the reexamination is not yet “finally determined” under the estoppel provisions of Section 315(c) because (1) a reexamination certificate has not yet issued and (2) all appeals are not final. CooperCameron.pdf
Notes: A parallel case with the same parties is also pending appeal for Reexam No. 95/000,015. The BPAI treated these cases jointly in a December 2008 decision. The patents cover a valve actuator for hydraulic systems.