Analysis

There May Still Be Hope For Assignor Estoppel At The PTAB

Law360, New York (August 21, 2017, 6:24 PM EDT) -- The Patent Trial and Appeal Board's recent decision to designate as precedential a 2013 ruling solidifies its decision that former owners of patents can challenge them in inter partes review, but depending on the outcome of a case before the full Federal Circuit, experts said this might not yet be a dead issue.

The PTAB's decision in Athena Automation v. Husky Injection Molding Systems is among a select few to be designated precedential. The board in that case ruled that assignor estoppel — which holds that someone who sells a patent cannot later turn around and attack its validity in litigation...

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