Fed. Circ. Clamps Down On Post-IPR Invalidity Arguments

By Ryan Davis (February 11, 2022, 9:51 PM EST) -- A recent Federal Circuit ruling will restrict companies that have challenged patents in inter partes reviews from making invalidity arguments in later infringement litigation that some courts had allowed, turning IPRs into the primary battleground for validity disputes, attorneys say.

The Feb. 4 decision made headlines for vacating a $1.1 billion damages award that the California Institute of Technology won against Apple and Broadcom, but another aspect of the ruling will be a boon for patentees and has implications for nearly every patent dispute.

The decision hinges on the America Invents Act's estoppel provision, which states that after a final IPR...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!