No estoppel if IPR not instituted. A recent district court case confirms that IPR estoppel does not apply to IPR petitions that are not instituted. See inMusic Brands, Inc. v. Roland Corporation, 1-17-cv-00010 (DRI Jun. 14,...more
CalTech v. Broadcom. You may have read multiple articles about how the Feb. 4, 2022 precedential opinion of the CAFC in California Institute of Technology v. Broadcom Limited, et al., 20-2222 (“CalTech v. Broadcom”) widened...more
First, a bit of background. Inter-Partes Review (IPR) estoppel applies to “any ground that the petitioner raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § 315(e). In 2018, The Shaw decision...more
Based on recent court and PTAB (Patent Trial and Appeal Board) decisions, here are some basics in-house counsel should know in managing outside IPR counsel.
Preemptive IPRs may not be appealable.
An IPR must be filed within...more