United States:
Fed. Circ. Clarifies Scope Of IPR Petitioner
10 April 2016
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In a previous article titled "
Recent Decisions Shed Some Light on Scope of AIA
Estoppel," Finnegan attorneys
Barbara C. McCurdy and
Arpita Bhattacharyya discussed how the Patent Trial and
Appeal Board's (PTAB) practice of only addressing
instituted claims in the final written decision was adding
uncertainty to the scope of inter partes review estoppel under 35
U.S.C. § 315(e). In this article, the authors discuss how the
Federal Circuit has provided some clarity on the merits of
this PTAB practice and its effect on the estoppel provision.
Previously published by Law360
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