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Strategic Considerations From IPR Estoppel Cases

By Ryann Muir and Vishal Gupta (June 7, 2017, 11:42 AM EDT) -- When a patent is challenged in inter partes review, the petitioner may be estopped from asserting certain invalidity defenses in district court. The scope of this estoppel has been evolving and district courts have arrived at different — and arguably inconsistent — conclusions as to the breadth of preclusion in litigation. This article reviews recent, germane case law and provides strategy considerations looking forward....

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