Where Party Joined Pending IPRs, Delaware Takes Broad View of § 315 Estoppel, PTAB Litigation Blog
In Parallel Networks Licensing, LLC v. International Business Machines Corporation, No. 1:13-cv-02072, Dkt. No. 366 (D. Del. Feb. 22, 2017) (Slip Op.), the court held IBM was estopped from asserting obviousness under §103 based on prior art combinations of which IBM was aware before its filed its IPR petitions. Id. at 24-26.
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