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Collateral Estoppel Requires Same Grounds, Says PTAB

Collateral Estoppel Requires Same Grounds, Says PTAB

By Albert Liou The PTAB’s recent decision in TicketNetwork, Inc. v. CEATS, Inc. reminds litigants that collateral estoppel only applies when there is an identity of issues.  In the decision, the PTAB refused to find that a claim limitation was disclosed by a prior art...

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Reexamination Does not Reset the IPR Clock

Reexamination Does not Reset the IPR Clock

By Kait Crowder and Dave Cochran In Apple v. IXI IP, the PTAB affirmed that the issuance of a reexamination certificate adding additional claims to a challenged patent does not reset the one-year time bar under § 315(b) to file a petition for inter partes review. In...

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Federal Circuit Tightens Standing Requirements For IPR Appeal

Federal Circuit Tightens Standing Requirements For IPR Appeal

By Geoff Xiao,* Mike Lavine, and Matt Johnson The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019). AVX previously challenged the validity of...

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