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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...
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...
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.
Patent owners argue that § 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.