Analysis

Federal Circuit Needed To Clear Up IPR Estoppel Divide

Law360, New York (March 13, 2017, 11:52 AM EDT) -- While district courts haven’t applied the inter partes review estoppel provision with as much rigor as some expected, the Patent Trial and Appeal Board continues to press forward with its more broad interpretation, leaving some confused and clamoring for guidance from the Federal Circuit.

The scope of the estoppel provision, which limits the arguments those seeking to invalidate patent claims can raise following PTAB review, has been a closely watched issue since the America Invents Act was enacted more than five years ago.

District courts have generally interpreted the provision more narrowly than some anticipated — an “evisceration of the IPR...

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