IPR Estoppel Increasingly Applies

Law360 (February 22, 2019, 2:59 PM EST) -- Since the Leahy-Smith America Invents Act took effect in 2012, courts have taken varying approaches in their application of “so-called” inter partes review estoppel — that is preclusion of a validity challenge in federal district court of a validity challenge presented to the U.S. Patent and Trademark Office during an IPR. District court decisions in recent months show a trend of applying IPR estoppel in a broadening manner, due in part to the U.S. Supreme Court’s 2018 decision in SAS Institute Inc. v. Iancu.[1]

Some practitioners believe these developments in IPR estoppel are proper since IPRs were created as an alternative...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS