While the majority of the US Patent Examiners are very highly skilled, doing great work with a very restricted budget, there are thousands of examiners handling hundreds of thousands of patent applications each year. They are human and have limited resources, so they do make mistakes on occasion.
There are several ways to remedy a mistaken patent grant. Ordinarily, the lowest cost and quickest approach is to locate documents through a validity search that provide evidence that the invention was not patentable, and then either present that information to the patent holder or request that a special re-examination group within the Patent Office review the documents and re-examine the granted patent.
Contact Us and we will be happy to discuss what we can do for you in greater detail.