Patent Strategy Considerations After Caltech Estoppel Ruling

By Michael Siem, Lynn Lehnert and Kenneth Matuszewski (April 15, 2022, 1:10 PM EDT) -- On Feb. 4, the U.S. Court of Appeals for the Federal Circuit in California Institute of Technology v. Broadcom Ltd. clarified a key point regarding inter partes review estoppel by finding that this doctrine extends to all claims and invalidity grounds that the petitioner could have reasonably asserted in its IPR petition.[1]

As such, understanding the full scope of this decision and its progeny is critical for litigants in order to develop the best patent enforcement or defense strategy.

IPR Estoppel

There are two types of IPR estoppel allowed under Title 35 of the U.S. Code, Section 315(e): office estoppel and...

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