The Federal Circuit this year has provided some guidance on how district courts should treat estoppel from Patent Trial and Appeal Board trials. This has made defendants less terrified about estoppel but many questions remain. Practitioners are also concerned about how confidential material is treated in district courts and the Board
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Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
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