The National Law Review

IPR One-Year Time Bar Does Not Apply to Government Contractor

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World IP Review

When does IPR estoppel apply to product or system art in the district courts?

The Federal Circuit has yet to weigh in on the scope of estoppel under § 315, with conflicting decisions on prior art products and systems in IPR, say Kelly Del Dotto, Casey Kraning and Hui-Kwon Yang ...
IPWatchdog

PTAB Denies VLSI’s Motion to Remove Intel from Ongoing IPR

“Passage of the AIA’s estoppel provision expresses Congress’ intent that claim preclusion not apply in the circumstances here.” In addition to Intel, OpenSky is also a petitioner in the IPR, which ...
IPWatchdog

CAFC Reverses Nonobviousness Ruling in IPR as Board Failed to Apply Burden-Shifting Standard

The Federal Circuit recently reversed a Patent Trial and Appeal Board (“Board”) inter partes review decision on nonobviousness, holding that the Board erred when it did not require Synvina, the patent ...