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Inter Partes Review Estoppel Takes Shape

Law360, New York (January 9, 2017, 12:02 PM EST) -- Cynthia Lambert Hardman

Marta E. Delsignore

Christopher J. Morten The estoppel that attaches to inter partes review decisions was intended to promote the efficient resolution of patent disputes by the Patent Trial and Appeal Board, without the necessity for district court litigation. To date, relatively few district court or Federal Circuit cases have ruled on the scope and effect of estoppel. However, the emerging body of law is revealing a much less onerous interpretation of the estoppel provision than many originally anticipated, reducing the risk to petitioner of filing an IPR petition.

Background: The Estoppel Provision of Section 315(e)

The estoppel...

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