On May 8, 2024, Whitney Meier Howard and Michelle Lavrichenko published, “How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling” in Law360. The following is an excerpt:
It has been just over one year since the U.S. Court of Appeals for the Federal Circuit decided Ironburg Inventions Ltd. v. Valve Corp.[1]
There, the court found that an inter partes review petitioner is estopped from challenging patent claims in a district court on grounds that a patentee proves a skilled searcher exercising reasonable diligence would have identified at the time the petition was filed.
District court decisions over the last year reveal that patentees and petitioners must be prepared for disputes about the scope of a reasonably diligent search.
Click here to access the article.