Federal Circuit Holds IPR Estoppel Inapplicable to Ongoing EPRs, PTAB Litigation Blog
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On appeal from an ex parte reexamination (“EPR”) decision, the Federal Circuit held that a final written decision of an inter partes review (“IPR”) does not preclude the Patent Office from maintaining an ongoing EPR. Specifically, the Federal Circuit held that the IPR estoppel provision of 35 U.S.C. § 315(e)(1) is inapplicable to proceedings that are not maintained by the petitioner of an IPR, such as an EPR.
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