Statutory Estoppel Only Applies To The Same Patent Claims, PTAB Litigation Blog
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While claims among patents in the same family can be very similar, such similarities are not enough for the statutory estoppel provision of 35 U.S.C. §325(e)(1) to apply. In Telebrands Corp. v. Tinnus Enterprises, LLC, the PTAB interpreted the scope of 35 U.S.C. § 325(e)(1) as it applies to decisions involving similar, but not the exact same, patent claims and held that it applies only to final decisions involving the same patent. PGR2017-00015 (PTAB March 26, 2018) (Paper 26).
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