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PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential, <i>PTAB Litigation Blog</i>

PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential, PTAB Litigation Blog

Visit the Jones Day PTAB Litigation Blog.

In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the court held that it lacked jurisdiction to hear Husky’s appeal of the PTAB’s denial of its IPR petition on assignor estoppel grounds. The court found that because PTAB IPR denials are not appealable, 35 U.S.C. § 314(d), and Husky’s appeal did not fall within one of the exceptions that the Supreme Court articulated in Cuozzo, the appeal was improper.

Read the full article at ptablitigationblog.com.

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