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PTAB: estoppel and subsequent district court litigation


Jim Brogan, Brian Eutermoser and Janna Fischer discuss the ways that the unsuccessful IPR petitioner at the Patent Trial and Appeal Board still can challenge validity in subsequent district court litigation

The America Invents Act (AIA) includes an estoppel provision that prevents an unsuccessful inter partes review (IPR) petitioner from re-litigating invalidity grounds that were “raised or reasonably could have [been] raised” during the IPR (35 USC § 315(e)). Although Congress intended...


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