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The Federal Circuit recently affirmed a Patent Trial and Appeal Board decision finding claims that had been subject to an ex parte reexamination unpatentable. As a threshold issue, the court held that ...
The US Court Appeals for the Federal Circuit found that despite a Patent Trial & Appeal Board determination that certain challenged patent claims were unpatentable based on a preponderance of the ...
“Passage of the AIA’s estoppel provision expresses Congress’ intent that claim preclusion not apply in the circumstances here.” In addition to Intel, OpenSky is also a petitioner in the IPR, which ...
The Federal Circuit has yet to weigh in on the scope of estoppel under § 315, with conflicting decisions on prior art products and systems in IPR, say Kelly Del Dotto, Casey Kraning and Hui-Kwon Yang ...