ITC Provides a Way to Work Around IPR Estoppel, PTAB Litigation Blog

In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed to raise them in a previously filed IPR, the Office of Unfair Imports Investigations Staff ("Staff") can raise those very same challenges.

For a more indepth examination of this ruling, read the full article on JD Supra.