by Emily Tait | Feb 20, 2019 | Estoppel
By Emily Tait – When an IPR petition results in a final written decision, the IPR petitioner (or the petitioner’s real party in interest or privy) is estopped from asserting in a civil litigation or an ITC action that “the claim is invalid on any ground that...
by Matthew Johnson | Dec 31, 2018 | Estoppel
By Marlee Hartenstein and Matt Johnson – Assignor estoppel is an equitable doctrine that prevents a party who assigns a patent to another from later challenging the validity of the assigned patent. As reported in a prior post, the Federal Circuit recently...
by Marc S. Blackman | Dec 21, 2018 | Estoppel
By Marc Blackman – The Federal Circuit recently affirmed final written decisions in two inter partes reviews by holding that the patent owner was collaterally estopped from relitigating the threshold issue of whether a prior art reference was a...
by Carl Kukkonen | Nov 26, 2018 | Estoppel, Petitions
By Jocelyn Yu Ph.D. and Carl Kukkonen Assignor estoppel is a long-established, common-law doctrine of equity, which prevents a party who assigns a patent to another from later challenging the validity of the assigned patent. The doctrine also applies to parties in...
by David Maiorana | Nov 19, 2018 | Estoppel
By: David Maiorana In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed to...
by John Marlott | Sep 9, 2018 | Estoppel
By: John A. Marlott The definiteness requirement for patent claims is set forth in Section 112(b), mandating that a patent specification conclude with one or more claims “particularly pointing out and distinctly claiming subject matter which the applicant regards as...
