Federal Circuit: Petitioner Estoppel Does Not Apply to Product Prior At Grounds, PTAB Litigation Blog
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In IOENGINE, LLC v. Ingenico Inc. (Fed. Cir. 2025), the Federal Circuit narrowed the scope of IPR estoppel under 35 U.S.C. § 315(e)(2), which precludes an IPR petitioner from asserting in court that a patent claim “is invalid on any ground” that the petitioner raised or reasonably could have raised during the IPR. With Ingenico, the court resolved a long standing split regarding the proper interpretation of “ground,” holding that the term “ground” refers to the legal theory of invalidity (e.g., anticipation or obviousness), not the specific prior art references or evidence used.
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