What The Fed Circ. Says About IPR Estoppel

What The Fed Circ. Says About IPR Estoppel

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In this article published by Law360, Mindy Sooter and Gregory Lantier discuss precedents and questions that litigants should carefully consider as they formulate strategies for achieving their goals.

The inter partes review estoppel provision (35 U.S.C. § 315(e)) says that a petitioner (or real party in interest) in an IPR that results in a final written decision on a patent claim may not assert validity in a U.S. Patent and Trademark Office proceeding, a civil action, or before the U.S. International Trade Commission with respect to that claim “on any ground that the petitioner raised or reasonably could have raised during the inter partes review.” Read the full article

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