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Can Evidence of Noninstitution of an IPR be Introduced in District Court? Yes and No, PTAB Litigation Blog

January 2018

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With institution rates of IPR petitions continuing to slide, and with district courts determining (depending on narrow or broad readings of the Shaw case) how estoppel may or may not apply in district court to noninstituted IPR grounds, a natural question is whether evidence of the fact of the noninstitution itself can by introduced by patent owners in district court to push back against invalidity challenges.

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