Thanks to Steve Nipper and Hal Wegner for pointing to allegations of improper communications by USPTO officials during the blackberry patent reexamination proceedings. In it's "Response to Final Office Action On February 24, 2006," NTP alleges, among other things:
current status of each;
Procedural history of each IPR and DOR;
Information-for each-on the volume of new materials being reviewed and the number of USPTO employees reviewing materials;
summary of the litigation history; and
Outstanding issues before the USPTO.
A copy of this email is attached to the Anderson Declaration as Exhibit 2, p. 87.
Patent Owner believes there are numerous communications with the third-party requester related to the January 4, 2005 meeting that have not been produced in response to the FOIA request, and which have not been included in the record of decision as required by regulation. . . .