Analysis

Arctic Cat Ruling Showcases Growing Split On Post-IPR Args

Law360 (August 30, 2019, 6:51 PM EDT) -- Courts have taken different views of a rule limiting arguments that patent challengers can make following inter partes review at the Patent Trial and Appeal Board, highlighted by a recent ruling allowing Arctic Cat to contend that features of a Pontiac sports car model, among other things, show that a claimed off-road vehicle invention is obvious.

Companies in an inter partes review can argue a patent is invalid as either anticipated or obvious based on prior patents and printed publications, such as textbooks. Once the PTAB makes a final decision, IPR estoppel prevents challengers from relitigating those arguments in district court....

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