Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr estoppel · clear
Written by : Nathan D. Reeves & Amanda K. Taylor IRONBURG INVENTIONS LTD. v. VALVE CORP. Before Lourie, Clevenger, and Stark . Appeal from the United States District Court for the Western District of Washington. Summary : The patentee has the burden of…
CLICK-TO-CALL TECHNOLOGIES LP V. INGENIO, INC., DBA KEEN, ETHER, THRYV, INC. Before Stoll , Schall, and Cunningham. Appeal from the United States District Court for the Western District of Texas. Summary: Ingenio’s IPR petition was partially…
Estopping a Winning Argument? One of the stranger developments of recent months has been the interpretation of PTAB estoppel (315(e)(2)) to foreclose a petitioner from pursuing arguments in a district court that were successful at the PTAB. That is, a…
Invalidity Contentions Serve as Estoppel Benchmark A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a competent prior art search would have uncovered the art that is asserted post-IPR (i.e., raised or…
