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Salesforce’s Reexams Estopped by RPX IPRs

Salesforce’s Reexams Estopped by RPX IPRs

by Marc S. Blackman | Jul 6, 2023 | Estoppel, PTAB News

By Marc Blackman and Ruth Brindel* – In decisions rare of their kind, the U.S. Patent and Trademark Office (“USPTO”) terminated two ex parte reexaminations in view of inter partes review (“IPR”) proceedings initiated by a different party. The decisions represent...
Supreme Court Decides Not To Review PTAB Estoppel Issue

Supreme Court Decides Not To Review PTAB Estoppel Issue

by John Marlott | Jul 5, 2023 | Estoppel, Federal Circuit Appeal, PTAB News

By John Marlott and John Wright – The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition for...
Federal Circuit Clarifies Important IPR Estoppel Issues

Federal Circuit Clarifies Important IPR Estoppel Issues

by Josh Nightingale | May 5, 2023 | Estoppel, Federal Circuit

By Josh Nightingale – Under 35 U.S.C. § 315(e)(2), a patent challenger in an inter partes review (IPR) that reaches a final written decision is estopped from arguing in a district court or the ITC that the challenged patent is invalid based on grounds that were...
Supreme Court Decides Not To Review PTAB Estoppel Issue

Supreme Court Requests Solicitor General’s Views On Important PTAB Estoppel Issue

by John Marlott | Mar 16, 2023 | Estoppel, Other News

By John Marlott and Sachin Patel* – What invalidity grounds is a petitioner barred from raising in parallel district court or ITC litigation after the petitioner previously challenged the patent and the PTAB has issued a final written decision?  The U.S. Supreme...
Director Vacates PTAB Adverse Judgments in Precedential Director Review

Director Vacates PTAB Adverse Judgments in Precedential Director Review

by Matthew Johnson | Feb 2, 2023 | Estoppel, PTAB News

By Misti Blount and Matt Johnson – Director Vidal’s sua sponte Director Review decision of Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) was recently designated as precedential.  The decision dealt an immediate setback for Apple and...
Ex Parte Reexamination Barred Based on Earlier IPR

Ex Parte Reexamination Barred Based on Earlier IPR

by Josh Nightingale | Dec 5, 2022 | Estoppel, PTAB News

By Dhohyung Kim and Josh Nightingale – On November 16, 2022, the United States Patent and Trademark Office (“PTO”) vacated a reexamination proceeding because the patent challenger relied on unpatentability grounds that reasonably could have been raised in an...
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