PTAB: Estoppel and Subsequent District Court Litigation

Managing Intellectual Property

"The America Invents Act (AIA) includes an estoppel provision that prevents an unsuccessful inter partes review (IPR) petitioner from re­litigating invalidity grounds that were "raised or reasonably could have [been] raised" during the IPR (35 USC § 315(e)). Although Congress intended this provision to largely eliminate duplicative validity­related proceedings, the unsuccessful IPR petitioner still has multiple ways to challenge validity in subsequent district court litigation."

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Related Contacts
Jim Brogan Partner, Colorado
Brian Eutermoser Associate, Colorado
Janna Fischer Associate, Colorado