When thinking about estoppel and the PTAB, the § 315(e) estoppels—relating to grounds a petitioner raised or reasonably could have raised—are likely the first to come to mind. However, other types of estoppel, such as collateral estoppel, also can apply to IPR proceedings. The Federal Circuit recently issued a precedential opinion holding that collateral estoppel may apply to unpatentability findings for claims in different, related patents, when they share identical issue(s) of patentability…
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
