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February 20, 2024
As any PTAB practitioner knows, the possibility of being estopped from asserting prior art in district court is a significant risk that must be considered when filing an IPR. Section...
December 21, 2022
In AMP Plus, Inc. v. DMF, Inc., No. 21-1595 (Fed. Cir. Nov. 10, 2022), the Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's ("the Board") decision...
January 18, 2022
The outlines of petitioner estoppel continue to evolve as we hit the ten-year anniversary of the American Invents Act and the introduction of post-grant proceedings.
January 14, 2022
Patent owners argue that ยง 315e statutorily estops petitioners from maintaining in district court invalidity theories that it raised or could have raised in the IPR. Courts have not been uniform in their interpretation of ground, causing confusion and different rulings.