Last week we outlined our suggestions as to what an IPR petitioner should assert in an IPR action to avoid triggering the "could have raised" estoppel in a later filed district court action. But what if the party involved in...more
35 USC ยง315(e)(2) prohibits a petitioner (or real party in interest or privy of the petitioner) in an Inter Partes Review (IPR) of a patent claim from asserting in district court litigation that "the claim is invalid on any...more