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This week, 10 amici weighed in at the U.S. Court of Appeals for the Federal Circuit (CAFC) in a rare en banc review of the court’s January, 2023, decision in LKQ Corporation v. GM Global Technology Operations. ....
We can expect, however, that other unsuccessful IPR litigants will continue to push for a narrower estoppel application in terms of their validity defenses at trial. ....