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