The Patent Office just officially closed one of the two re-examination proceedings that it had underway where it was questioning SWM's patents. In the new decision, which appeared yesterday without any fanfare in a PTO database, the Patent Office fully endorses the patent, closing the re-examination and leaving the patent fully and completely intact. (The other re-examination covering the other patent is still underway, but this one is now done.) This is one of the patents that SWM is using at the International Trade Commission, and the decision in essence reverses the Patent Office's earlier expression of concern about this patent. The patent has now been *twice* approved by the Patent Office, a fact that SWM will surely use in its litigations as evidence that the patent really is strong.
To see the Patent Office official approval, follow these steps at the PTO website.
1. Go to http://portal.uspto.gov/external/portal/pair and log in. 2. Hit the radial for "control number" and enter number 90/011458 in the box below. 3. Hit the tab marked "Image File Wrapper." 4. Read the entry marked 8-30-2011. Note the language about all claims being confirmed.
Great scoop by the way! You'll later learn that some law firm tried to submit additional material after patent's claims were affirmed, and finally on December 5th - that person's petition to reopen the exam was dismissed. End of story. SWM Wins. I must admit I am not sure why the stock is down almost 10% more than the SP500 since then, to be honest.