Paper Tiger

IPR Estoppel A Paper Tiger? PTAB Litigation Blog

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After a final written decision issues, an IPR petitioner is statutorily estopped from going back to the district court and arguing that the same claims are “invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § 315(e)(2). While the application of IPR estoppel is generally straightforward when it comes to prior art patents and publications, the law is murkier when it comes to prior art products. 

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