An interesting tactic in using early reexamination results in litigation - this time to vitiate a plaintiff's claim of likelihood of success on the merits.
The Federal Circuit will have to add this to the line of cases awaiting a circuit-clarifying en banc review.
Nod to Docket Navigator who reported this new case from ND of Ohio.
Avery Dennison Corp. v. Alien Technology Corp., 1-08-cv-00795 (OHND March 18, 2009, Memorandum & Order)
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