Celesq® Programs

More Courts Are Applying IPR Estoppel Expansively

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Since the Leahy-Smith America Invents Act took effect in 2012, courts have taken varying approaches in their application of “so-called inter partes review estoppel — that is preclusion of a validity challenge in federal district court of a validity challenge presented to the U.S. Patent and Trademark Office during an IPR. District court decisions in recent months show a trend of applying IPR estoppel in a broadening manner, due in part to the U.S. Supreme Courts 2018 decision in SAS Institute Inc. v. Iancu. The program will discuss when IPR estoppel applies, the district court split on whether the “narrow view versus the “broad view of IPR estoppel and the effect of SAS Institute on this split, and recent developments in the application of IPR estoppel post-trial. Practitioners are wise to keep abreast of recent decisions from the district courts so they can properly advise their clients as to IPR filing strategy.

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