While the applicability of Therasense is easy to see as it applies to prosecution of a patent application, the strategic opportunities presented in reexamination are not all together apparent on the face of the ruling, inter partes reexamination offers an excellent opportunity for provoking comments from the patentee, which might be useful in an ongoing or anticipated infringement litigation, particularly with respect to such issues as claim construction, willful infringement or materiality.
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