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...
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...
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...
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...
by Matthew Johnson | Oct 18, 2022 | Estoppel, PTAB News
By Hannah Mehrle and Matt Johnson – Click-to-Call (Plaintiff/Patent Owner) filed an infringement suit against Ingenio (Defendant/Petitioner) and others. Defendant filed an IPR challenging the asserted claims. In the IPR petition, Petitioner asserted multiple...
by John Evans, Ph.D. | Aug 26, 2022 | District Court, Estoppel, PTAB News
By Lisa Furby, John Evans, and Michelle Smit – After a final written decision issues, an IPR petitioner is statutorily estopped from going back to the district court and arguing that the same claims are “invalid on any ground that the petitioner raised or...
