Analysis

The Estoppel Questions On The Minds Of Patent Challengers

Law360 (September 9, 2019, 9:30 PM EDT) -- The Patent Trial and Appeal Board's revised, all-or-nothing approach to patent reviews has settled some debate over a rule that prevents invalidity arguments from being relitigated. But estoppel questions continue to linger — and one emerging trend could be changing the calculations for companies considering a patent challenge.

The U.S. Supreme Court in SAS Institute v. Iancu put an end to partial reviews at the PTAB in April 2018, holding the board must examine all of the challenged claims if it is going to review a patent. Following the ruling, the board said it would also review all the arguments made...

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