By Tony Zeuli of Merchant & GouldTony Zeuli is a trial lawyer specializing in patent and trademark
litigation with the IP firm Merchant & Gould. He also has considerable experience before the
Court of Appeals for the Federal Circuit. Tony has given several presentations
and published numerous articles on intellectual property litigation, especially
patent claim construction. His articles have also appeared in The Federal
Lawyer and Bench & Bar. Prior to joining Merchant & Gould,
Tony was a physics engineer at Argonne National Laboratory, where he was involved in the study of
nuclear physics. Mr. Zeuli can be reached at 612.371.5208, or by email at tzeuli@merchantgould.com, or by
visiting his web site at http://www.zeuli.com.
To stay or not to stay, more and more these days that is the question for litigators
and trial judges. Requests for patent reexaminations have skyrocketed since KSR
was decided in 2007. With over 90% of those requests being granted by the PTO, litigators and
trial judges are grappling with the many issues that arise when reexamination proceedings run in
parallel with district court litigation.
Often the first issue to come up is whether the distri...
