United States:
What The Fed Circ. Says About IPR Estoppel
03 October 2016
WilmerHale
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The inter partes review estoppel provision (35 U.S.C. §
315(e)) says that a petitioner (or real party in interest) in an
IPR that results in a final written decision on a patent claim may
not assert validity in a U.S. Patent and Trademark Office
proceeding, a civil action, or before the U.S. International Trade
Commission with respect to that claim "on any ground that the
petitioner raised or reasonably could have raised during the inter
partes review."
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Originally published by Law360.
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