Ramona has an idea for an electric animal brush that vacuums the animal hair and transforms it into usable sewing thread. Ramona calls her device the Hair-2-Thread and begins selling the device in January. Later that year, she decides the device would sell better if she had a patent, and she files the patent application in December. After finally receiving the patent the following year, Ramona discovers a similar device, the HairSew, is being sold by Saya and files a patent infringement lawsuit.
-Saya believes the reexamination request is a good strategy because it will slow down the litigation against her. Is she correct?
A) No, reexamination requests are rare and a court will order the USPTO to make a quick determination.
B) Yes, such requests are frequently granted, a determination may take years, and courts often prefer the USPTO to complete the reexamination before litigation may proceed.
C) No, although reexamination requests are rare, the USPTO makes a determination rather quickly in such cases.
D) No, although such requests are frequently granted, the USPTO makes a determination rather quickly in such cases.
E) No, because a court will perform the reexamination, not the USPTO.
Correct Answer:
Verified
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