by Lisamarie LoGiudice | Nov 28, 2016 | Estoppel, Pharmaceutical
By Lisamarie LoGiudice and Patrick Elsevier In Depomed, Inc. v. Purdue Pharma L.P. et al, 3-13-cv-00571, the District of New Jersey held that neither statutory nor judicial estoppel bars Purdue from continuing to assert invalidity defenses that were not instituted...
by Geoffrey Gavin | Nov 17, 2016 | Estoppel, Stay
By Geoffrey Gavin In Intellectual Ventures II LLC v. Kemper Corporation (accessible here), No. 6:16-cv-00081, Dkt No. 57 (E.D. Tex. Nov. 7, 2016) (Slip Op.), Judge Gilstrap made clear that a defendant in East Texas seeking a stay based on a third party petitioner’s...
by Jones Day's PTAB Team | Sep 19, 2016 | Estoppel
In IPR2016-00781, the PTAB denied institution on the grounds that the petitioner was estopped with respect to the claims of U.S. Patent No. 8,846,112 (“the ‘112 patent”). In an earlier proceeding brought by the petitioner, IPR2015-00529, the PTAB issued a Final...
by Jones Day's PTAB Team | Jul 29, 2016 | Estoppel
On March 23, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., 817 F.3d 1293, holding that the PTAB’s decision not to institute IPR review on petitioned grounds on the...
by Matthew Johnson | Jan 14, 2016 | Estoppel, Time Limits
On January 12, 2016, the PTAB identified two of its recent decisions as being precedential. These two decisions are in line with prior panel decisions and solidify the Board’s policy with regard to aspects of the one year IPR bar and the application of estoppels...
