Prior Art Known Before Filing IPR Petition Leads to Estoppel of Invalidity Grounds in District Court
In Oil-Dri Corp. of Am. v. Nestle Purina Petcare Co., the district court granted a renewed estoppel motion under the…
Assignor Estoppel Is Not a Defense in AIA Trials
Recently, the PTAB designated the following decision as precedential: Athena Automation Ltd. v. Husky Injection Molding Sys. Ltd., IPR2013-00290, Paper…
Supreme Court Review in SAS Institute May Impact the Scope of Appealability and Estoppel in AIA Proceedings
Recently, the Supreme Court agreed to hear arguments on the question of whether the PTAB is required to issue a…
IPR Estoppel Update: District Courts are Questioning the Reasoning of Shaw But are Compelled to Follow It
Challenging the validity of a patent in an inter partes review (IPR) or post-grant review (PGR) does not come without…
Under the Same Precedent, Different Estoppel Standards Have Developed in the PTAB and the District Courts
Estoppel from inter partes review (IPR) or post-grant review (PGR) prevents the petitioner from raising or maintaining a ground of…
District Court Finds Decision Not to Institute Indicative of Weak Invalidity Case on Summary Judgment
The United States District Court for the Middle District of North Carolina recently granted summary judgment dismissing defendant’s invalidity claims,…
PTAB Estoppel: Recent Guidance on What Grounds of Challenge “Reasonably Could Have Been Raised” in an Earlier Proceeding
The scope of estoppel under the America Invents Act is becoming clearer in view of recent Federal Circuit and Patent…
The Applicability of Estoppel Under the AIA to Grounds of Unpatentability Not Instituted for Trial
The America Invents Act (AIA) sets forth estoppel provisions which, under certain circumstances, preclude subsequent judicial and administrative review of…