Why US politicians might revisit the AIA's estoppel rule
30 March 2012
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Eileen McDermott, New York
Panellists at Managing IP’s inaugural US Patent Reform Forum this week debated whether the estoppel language tied to post grant review proceedings under the America Invents Act warrants a technical correction by Congress
The Forum was held on Tuesday in Washington DC and drew nearly 200 attendees. The day included keynote speeches by patent VIPS such as USPTO director David Kappos, Robert Armitage of Eli Lilly and former commissioner for patents, Robert Stoll. Other speakers, including Phil Johnson of Johnson & Johnson and Gary Griswold of 3M, were closely involved in drafting and lobbying for the bill.
The event kicked off with a roundtable discussion moderated by AIPLA executive director Todd Dickinson. Among the many topics discussed was the scope of the so-called estoppel provision for post grant review proceedings, which bars individuals who initiate a post grant review from raising any issue they raised or could have raised during that proceeding again in court.
“There’s a point of view around the estoppel provision that maybe it’s not correct in the statute,”...
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