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Inter Partes Review (IPR) Proceeding Administrative Law Judge (ALJ) Estoppel

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Estoppel Trumps Substance: ITC Bars Respondent’s Invalidity Grounds Raised in IPR

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Recently, an ITC Administrative Law Judge applied IPR statutory estoppel under 35 U.S.C. § 315(e)(2) in denying a Respondent’s motion for summary determination of invalidity in Certain Audio Players and Components Thereof,...more

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PGR Estoppel Continues to be Broad and Onerous

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An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC....more

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ITC Provides a Way to Work Around IPR Estoppel

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In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity...more

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Commission to Weigh in on IPR Estoppel

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The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and...more

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