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RECENT NEWS

  • August 15, 2012: The District Court for the Eastern District of Texas upheld the enforceability of U.S. Patent 6,117,073.  The Law Office of Manuel de la Cerra represented the patentee before the District Court as well as before the Patent Office.  The ‘073 Patent had originally been found unenforceable by the District Court, at which time Mr. de la Cerra was hired to represent the patentee.   The decision was appealed and the appellate court reversed the finding and remanded back to the District Court for rehearing.  In the meantime, a third party attempted to invalidate all the claims of the ‘073 Patent through reexamination.  Mr. de la Cerra successfully represented the patentee and persuaded the Patent Office to confirm the validity of all the ‘073 patent claims.  Upon remand, Mr. de la Cerra represented the patentee in the rehearing on the motion to render the ‘073 Patent unenforceable.  The District Court found in favor of the patentee, relying in part on Mr. de la Cerra’s successful defense of the ‘073 Patent during reexamination.   The District Court is now poised to enter a final judgment in favor of Mr. de la Cerra’s client. The District Court case is Golden Hour Data Systems, Inc. v. EMSCharts, Inc, case number 06:CV-381 United States District Court, E.D. of Texas.
  • October 15, 2012 & November 7, 2012: Based on reexamination requests prepared and filed by the Law Office of Manuel de la Cerra, the U.S. Patent Office ordered reexamination of pending and asserted claims in a long-running patent lawsuit - claim 33 of U.S. Pat. 5,393,170 and claims 13, 37, 40, and 45-57of U.S. Pat. 5,564,859 will be reexamined. Originally, the patentee began with three patents and 21 claims asserted against Mr. de la Cerra's client. Now, through the efforts of Mr. de la Cerra all the originally asserted claims have been invalidated, and all the amended claims are now poised to be invalidated. The Patent Office serial numbers for these reexaminations are 90/012462 and 90/012649.
  • November 19, 2012: The U.S Patent Office issued a reexamination certificate invalidating virtually all the claims of U.S. Patent 5,393,170 during a reexamination prepared and filed by the Law of Office of Manuel de la Cerra. The '170 Patent has been the subject of a long running lawsuit during which Mr. de la Cerra successfully persuaded the Patent Office to invalidate all the claims of the '170 Patent as originally filed. The patentee amended the claims and added new claims, which the Patent Office accepted and allowed. Mr. de la Cerra then re-petitioned the Patent Office to reexam the '170 Patent, and with the exception of a single claim, the Patent Office invalidated all the new and amended claims of the '170 patent. The Patent Office serial number for this reexamination is 90/011525.