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Estoppel Estopped for Remanded Claims

Estoppel Estopped for Remanded Claims

by Matthew Johnson | Jan 19, 2021 | Estoppel, Federal Circuit Appeal

By Marlee Hartenstein and Matt Johnson – In General Access Sols., Ltd. v. Sprint Spectrum, et al., No. 2:20-cv-00007-RWS, ECF No. 128 (E.D. Tex. Dec. 1, 2020), the Eastern District of Texas denied a motion to strike invalidity defenses as barred by IPR estoppel...
Staying Still: District Court Extends Stay Pending Appeal

Staying Still: District Court Extends Stay Pending Appeal

by Matthew Johnson | Jan 6, 2021 | Stay

By Alex Li and Matt Johnson – District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB).  Such stay may be lifted or extended at...
Multiple-Petition Strategies Fall Into Disfavor

Multiple-Petition Strategies Fall Into Disfavor

by Matthew Johnson | Dec 28, 2020 | Petitions, Trial Institution

By Lisa Furby and Matt Johnson – The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy.  These results, discussed during the December 10, 2020 Boardside...
Reminder: Estoppel May Not Preclude Prior-Art Systems

Reminder: Estoppel May Not Preclude Prior-Art Systems

by Matthew Johnson | Dec 22, 2020 | Estoppel

By Sue Gerber and Matt Johnson – The estoppel statute precludes a defendant who has challenged a claim in an IPR reaching final written decision from later challenging that claim on any ground that it raised or reasonably could have raised during the IPR...
Fintiv Factor Cases Designated Precedential

Fintiv Factor Cases Designated Precedential

by Matthew Johnson | Dec 18, 2020 | PTAB News, Trial Institution

On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential.  We will break these cases down in detail in the coming days on the PTAB Litigation Blog. Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1,...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.