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District Courts And PTAB Are Divided On IPR Estoppel

Law360, New York (March 8, 2017, 10:51 AM EST) -- Jon W. Gurka

James Smith Since the America Invents Act created inter partes review, practitioners have sought guidance regarding the scope of estoppel to be applied to prior art that “reasonably could have been raised during” an IPR. Currently, district courts and the Patent Trial and Appeal Board are divided on the application of IPR estoppel.

The statute governing IPR estoppel prevents a petitioner or real party in interest from asserting invalidity in a subsequent proceeding “on any ground that the petitioner raised or reasonably could...
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