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Full-Text Articles in Law
Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners, Christa J. Laser
Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners, Christa J. Laser
Law Faculty Briefs and Court Documents
This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.
The Scope Of Ipr Estoppel: A Statutory, Historical, And Normative Analysis, Christa J. Laser
The Scope Of Ipr Estoppel: A Statutory, Historical, And Normative Analysis, Christa J. Laser
Law Faculty Articles and Essays
When Congress implemented inter partes review (IPR) and other patent post-grant proceedings through the passage of the America Invents Act (AIA) in 2011, it provided that petitioners would be estopped in later proceedings from raising grounds for invalidity that they "raised or reasonably could have raised during that inter partes review." 35 U.S.C. § 315( e )(2). However, substantial uncertainty in courts' interpretation of this provision causes an enormous impact on an accused patent infringer's decision of whether and on what grounds to petition for review. One reading of the statutory estoppel provision suggests that "during that inter partes review" …