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...
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...
by David Maiorana | Sep 3, 2020 | Estoppel, PGR
By Dave Maiorana – Due to the relatively low number of post-grant reviews (“PGR”) filed to date, not many district courts have spoken on the scope of PGR estoppel. In GREE, Inc. v. Supercell Oy, No. 2:19-cv-00071 (E.D. Texas), Magistrate Judge Payne in the...
by Carl Kukkonen | Jan 29, 2020 | Estoppel
By Phillip Shelton and Carl Kukkonen – In Think Prod., Inc. v. ACCO Brands Corp., No. 18-CV-07506, 2019 WL 6609427, at *1 (N.D. Ill. Dec. 5, 2019), the District Court addressed whether the plaintiff patent ower was collaterally estopped from arguing validity in...
