Conditional Offer to Abandon Claims Does Not Constitute Waiver to Assert, PTAB Litigation Blog
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According to a recent district court opinion, a party may waive its right to assert infringement on claims that it voluntarily agrees to give up (e.g., by abandoning the claims). Such a waiver will be enforced as an equitable estoppel defense for the alleged infringer. To establish a waiver, there must be a clear and unequivocal act of a party showing such a purpose.
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