by Josh Nightingale | Dec 5, 2022 | Estoppel, PTAB News
By Dhohyung Kim and Josh Nightingale – On November 16, 2022, the United States Patent and Trademark Office (“PTO”) vacated a reexamination proceeding because the patent challenger relied on unpatentability grounds that reasonably could have been raised in an...
by Matthew Johnson | Oct 18, 2022 | Estoppel, PTAB News
By Hannah Mehrle and Matt Johnson – Click-to-Call (Plaintiff/Patent Owner) filed an infringement suit against Ingenio (Defendant/Petitioner) and others. Defendant filed an IPR challenging the asserted claims. In the IPR petition, Petitioner asserted multiple...
by John Evans, Ph.D. | Aug 26, 2022 | District Court, Estoppel, PTAB News
By Lisa Furby, John Evans, and Michelle Smit – After a final written decision issues, an IPR petitioner is statutorily estopped from going back to the district court and arguing that the same claims are “invalid on any ground that the petitioner raised or...
by Josh Nightingale | Jul 27, 2022 | Estoppel, PTAB News
By Ryan Camp,* Sachin Patel, and Josh Nightingale – On June 14, 2022, the Board instituted Zynga Inc.’s (“Zynga”) petition for IPR against U.S. Patent No. 7,168,089 (the “’089 patent”), rejecting Patent Owner IGT’s argument that interference estoppel should preclude...
by Matthew Johnson | Jun 15, 2022 | Estoppel, Federal Circuit Appeal
By Dylan Burdelik,* Sachin Patel, and Matt Johnson – In a recent decision, 25 F.4th 1035 (Fed. Cir. 2022), the Federal Circuit dismissed for lack of jurisdiction an appeal of the PTAB’s decision that estopped a Petitioner from maintaining a third IPR that...
by Josh Nightingale | Mar 24, 2022 | Estoppel, PGR
By Hannah Mehrle and Josh Nightingale – An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC. Under Section 325(e)(2) of...
