United States:
Recent Decisions Shed Some Light On Scope Of AIA Estoppel
03 August 2015
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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When the America Invents Act legislation was first proposed,
many thought its broad estoppel provisions might be a deterrent for
parties considering post-grant proceedings. The high success rate
for petitioners in inter partes reviews has lessened would-be
petitioners' concerns about the risks of estoppel, and the
volume of IPR petitions continues to grow. There also has been some
clarity from the Patent Trial and Appeal Board and the district
courts about the scope of the estoppel provisions, which provides
some good news for petitioners. In this article, Finnegan
attorneys
Barbara Clarke McCurdy and
Arpita Bhattacharrya discuss recent decisions that shed
some light on the scope of the AIA estoppel provisions.
Previously published by Law360.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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