Interference Estoppel Precludes All Arguments That Could Have Been Raised, PTAB Litigation Blog
This blog has previously discussed the effect of several different types of estoppel. See, e.g., Estoppel Estopped for Remanded Claims, Reminder: Estoppel May Not Preclude Prior-Art Systems, and PGR Estoppel Applies to Unasserted Art. Recently, the PTAB again took up the issue of estoppel, this time defining the scope of interference estoppel under 37 C.F.R. § 41.127(a). The Chemours Company FC, LLC v. Mexichem Amanco Holdings SA, DE C.V., IPR2020-01667, Paper No. 10 (PTAB March 25, 2021). There, the PTAB concluded that interference estoppel does not distinguish between priority and patentability issues, but rather precludes a party from subsequently raising all issues that were or could have been raised in an earlier interference proceeding.
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