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More Courts Are Applying IPR Estoppel Expansively

Law360 (May 16, 2019, 5:47 PM EDT) -- In February 2019, we wrote about a broadening trend of district courts applying inter partes review estoppel of a validity challenge in federal district court because this type of challenge was (or could have been) presented to the U.S. Patent and Trademark Office. In this article, we examine the impact of several recent decisions on IPR estoppel. These decisions indicate a continued broadening trend in applying IPR estoppel. The law in this area is evolving quickly and significantly, and practitioners need to be aware of recent developments and the swinging pendulum.

IPR Estoppel Applies to Nonpetitioned Prior Art

As noted in...

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