Fed. Circ. Won't Look At Reach Of AIA Estoppel Provision

Law360, New York (March 9, 2017, 8:03 PM EST) -- The Federal Circuit on Thursday declined to address whether courts are misapplying the inter partes review estoppel provision and allowing those challenging patents to raise too many invalidity arguments, telling Illumina Inc. it can bring up the issue later on.

The appeals court denied Illumina Inc.’s petition for a writ of mandamus, in which the company argued that district courts have made “clear and indisputable” errors applying the estoppel provision of the America Invents Act by allowing arguments that should be barred by the statute....
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