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Analysis

AIA Estoppel Provision Not As Restricted As Many Expected

Law360, New York (January 26, 2017, 10:48 PM EST) -- The America Invents Act’s inter partes review estoppel provision, which limits arguments those seeking to invalidate patent claims can raise following PTAB review, may not be as restrictive as expected, attorneys say, judging from recent court decisions allowing the use of arguments petitioners either raised or had available to them at the board.

The AIA states that once the Patent Trial and Appeal Board issues a final decision in an inter partes review, the petitioner is barred from asserting in litigation that a claim of the patent "is invalid on any ground that the petitioner raised or reasonably could have raised...

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