by Josh Nightingale | Mar 24, 2022 | Estoppel, PGR
By Hannah Mehrle and Josh Nightingale – An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC. Under Section 325(e)(2) of...
by Matthew Johnson | Feb 22, 2022 | Estoppel, Federal Circuit Appeal
By Ana Teixeira and Matt Johnson – The patent fight between Caltech and Broadcom/Apple made waves this month when the Federal Circuit vacated the $1.1 billion infringement award that Caltech had won in district court. To PTAB practitioners, however, the sea...
by Sarah Geers | Oct 22, 2021 | Amendment Practice, Estoppel, PTAB News, Standing, Stay
By Sarah Geers – We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut. This proposed legislation,...
by John Marlott | Jun 4, 2021 | Estoppel, PGR
By John Marlott – A Post-Grant Review can be used to challenge newly-issued patents on wide-ranging grounds, but PGRs remain relatively unpopular: statutory estoppel may be a reason why. The America Invents Act (“AIA”) created new procedures for challenging the...
by Matthew Johnson | Apr 16, 2021 | Estoppel
By Sue Gerber and Matt Johnson – This blog has previously discussed the effect of several different types of estoppel. See, e.g., Estoppel Estopped for Remanded Claims, Reminder: Estoppel May Not Preclude Prior-Art Systems, and PGR Estoppel Applies to...
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...
