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PTAB Claim Construction May Be Binding In Later Litigation

In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the...more

Interference Estoppel Precludes All Arguments That Could Have Been Raised

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...more

Reminder: Estoppel May Not Preclude Prior-Art Systems

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...more

Avoiding Estoppel Is Not Good Cause To Withdraw Grounds After Institution

We recently reported some early observations about possible trends at the PTAB in the wake of the Supreme Court’s decision in SAS Institute Inc. v. Iancu. See Observations: Three Weeks After Supreme Court’s SAS Institute...more

Statutory Estoppel Only Applies To The Same Patent Claims

While claims among patents in the same family can be very similar, such similarities are not enough for the statutory estoppel provision of 35 U.S.C. §325(e)(1) to apply. In Telebrands Corp. v. Tinnus Enterprises, LLC, the...more

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