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...
Please log in
to read the rest of this article. New to Managing Intellectual Property?
Take advantage of free access to up to 5 articles on Managing IP and become a member today. It’s free to join and the benefits start straight away.
Please make sure you log in to read the rest of the article.
Join us nowGain FREE access to up to five free articles when you register now.