PTAB Clarifies Claim Preclusion Standards, PTAB Litigation Blog
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On June 2, 2023,the PTAB held the standard enunciated in Astoria Federal Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) applies to claim preclusion determinations. This was yet another decision in the ongoing battle between VLSI Technology LLC (“VLSI”) and Intel Corporation (“Intel”), holding that a prior district court determination does not implicate claim preclusion with respect to inter partes review (“IPR”) under the America Invents Act (“AIA”). The PTAB denied VLSI’s motion to terminate, rejecting its argument that claim preclusion bars an IPR challenge after a final judgment in district court.
*Alexa Grillis, a Summer Associate in Jones Day’s Cleveland Office assisted in the preparation of this blog
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