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Expert Analysis

IPR: A Key To District Court's Assignor Estoppel Lock

Law360, New York (May 1, 2015, 10:10 AM EDT) -- The doctrine of assignor estoppel generally precludes patent assignors, most notably assignor inventors, from challenging the validity of their assigned patent in district court. Inter partes review proceedings, however, provide an alternative venue to challenge such patents. By utilizing IPR proceedings alongside district court litigations, patent assignors can potentially circumvent the doctrine of assignor estoppel through a stay of the corresponding litigation. In this way, IPR proceedings potentially provide the assignor with the key to unlock a district court's application of assignor estoppel....

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