Federal Circuit: PTAB Affirmance Estops All Pending Actions Involving Patent, PTAB Litigation Blog

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In XY, LLC v. Trans Ova Genetics, L.C., Nos. 2016-2054, 2016-2136 (Fed. Cir. May 23, 2018), an appeal from the District of Colorado, the Federal Circuit gave preclusive effect to a PTAB finding, something it has done several times in the recent past. This time, however, the Federal Circuit acted sua sponte, mooting Trans Ova Genetics’ appeal of the district court’s refusal to grant a new trial after a jury found the patent not invalid, without considering arguments by either party to the appeal. The Federal Circuit acted as it did because on the same day, it also affirmed a PTAB final written decision of unpatentability in an IPR proceeding involving a challenge of the same patent by a different party. The Federal Circuit held that its affirmance of a PTAB unpatentability finding "has an immediate issue-preclusive effect on any pending or co-pending actions involving the patent." Slip op. at 19.

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