Estoppel Trumps Substance: ITC Bars Respondent’s Invalidity Grounds Raised in IPR, PTAB Litigation Blog
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Recently, an ITC Administrative Law Judge applied IPR statutory estoppel under 35 U.S.C. § 315(e)(2) in denying a Respondent’s motion for summary determination of invalidity in Certain Audio Players and Components Thereof, Investigation No. 337-TA-1329. The ALJ reasoned that Respondent was barred from asserting the same references it successfully asserted at the PTAB.
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