LexisNexis® Legal Newsroom
Patents Post-Grant: Real-Party-In-Interest & Privies before the USPTO

Reach of Estoppel More of a Concern After AIA The application of statutory estoppel to patent challengers was a concept first introduced in 1999 with the advent of inter partes patent reexamination (IPX). Initially, many sensationalized the estoppel effect of IPX together with the unpredictability...

Work Product Immunity & PTAB Proceedings

Attorney Work Product in Unsuccessful IPR Challenges Inter Partes Review (IPR) includes a statutory estoppel provision designed to prevent harassment of a patentee. The statute provides that an IPR challenger that fails to secure cancellation of a challenged patent claim would not only be estopped...

Statutory Estoppel For IPR Petition Misses?

Unsuccessful IPR Petitioner Urges Expansive PTAB Estoppel In a strange twist, an unsuccessful IPR petitioner is currently urging the CAFC to adopt an expansive interpretation of statutory estoppel for Inter Partes Review (IPR). That is, the petitioner argues where only a subset of claims challenged...