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EDTX Judge Says IPR Should Bar HP’s Patent Invalidity Claim

Law360, New York (September 27, 2017, 10:01 PM EDT) -- An Eastern District of Texas magistrate judge has recommended barring Hewlett-Packard Co. from contending at trial that a network patent it is accused of infringing is invalid, saying Tuesday that HP could have raised that argument in its unsuccessful inter partes review but didn't.

U.S. Magistrate Judge K. Nicole Mitchell issued a report and recommendation saying that HP’s argument that Network-1 Technologies Inc. patent on remotely powering network equipment is invalid as obvious is barred by the America Invents Act’s estoppel provision.

The provision states that companies that challenge patents in inter partes reviews cannot later assert in litigation that claims...

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