November 28, 2018 | Law360

Fed. Circ. Further Expands Appellate Review Of IPR

On November 28, 2018, Christopher Loh published "Fed. Circ. Further Expands Appellate Review Of IPR" in Law360. Here is an excerpt:

On Nov. 9, 2018, the U.S. Court of Appeals for the Federal Circuit in Arista Networks Inc. v. Cisco Systems Inc. held that the assignor estoppel is not available in inter partes review proceedings. The Federal Circuit's Arista decision thus permits patent inventors and assignors to challenge in IPRs the validity of patents that they previously owned, and under circumstances where they may be unable to pursue similar patent validity challenges in district court or U.S. International Trade Commission proceedings. The Arista decision also continues the expansion of IPR-related issues that are subject to the Federal Circuit's review on appeal.