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...

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