Patent Prosecution Question-Challenge Issued Patent On-SaleB Forum

[wildcatatpenn]

Studying for Patent bar

Hypo:
Your client X has discovered a pre-AIA patent to its competitor Y that it feels may be infringed by its new lawn mower. X has learned as well that the lawn mower described in the patent was on sale in the United States by Y more than one year before the earliest effective filing date of the patent. X is seeking your advice. Your advice is:

Obviously this patent is invalid under pre-AIA 102(b), but how would you (X) handle this?
You can only file a reexam based on a printed publication.
Reissue can only be filed by the patent owner right??

Just wait for an infringement suit and bring it up in litigation? (I assume IPR would work, but that was outside of the scope of this question)

[Desert Fox]

Studying for Patent bar

Hypo:
Your client X has discovered a pre-AIA patent to its competitor Y that it feels may be infringed by its new lawn mower. X has learned as well that the lawn mower described in the patent was on sale in the United States by Y more than one year before the earliest effective filing date of the patent. X is seeking your advice. Your advice is:

Obviously this patent is invalid under pre-AIA 102(b), but how would you (X) handle this?
You can only file a reexam based on a printed publication.
Reissue can only be filed by the patent owner right??

Just wait for an infringement suit and bring it up in litigation? (I assume IPR would work, but that was outside of the scope of this question)

Just wait for infringment suit or infringement demand letter (and then DJ). Reexam and IPR are publications only.

[wildcatatpenn]

Just wait for infringment suit or infringement demand letter (and then DJ). Reexam and IPR are publications only.

thanks bra