Evidence of Ex Parte Reexam Cannot be Excluded from Litigation

POLYFORM, A.G.P. INC. v. AIRLITE PLASTICS CO. (Neb. 2-19-2009)

Plaintiff wanted to exclude all evidence from its on-going ex parte reexamination. The court denied the motion, but said it would allow objections at trial.

The file history shows that the Polyform voluntarily responded [Link to patent owner response] to the grant of reexam with 4 declarations (!) and other evidentiary exhibits.

Patent: 6,401,419
Ex Parte Reexam: 90/010,180