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Navigating IPR Estoppel at Trial
Contains material from Dec 2022
Navigating IPR Estoppel at Trial
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In California Institute of Technology v. Broadcom, the Federal Circuit held that estoppel under 35 U.S.C. § 315(e)(2) applies to any ground that was brought or could have been brought in an IPR. But the law is still unclear on whether estoppel applies to product prior art under 35 USC § 102(a) or 102(b) that is described by one or more patents and printed publications. This presentation explores the current state of the law and provides tips for navigating estoppel with respect to product prior art during litigation.
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Navigating IPR Estoppel at Trial (Dec 2022)
Paula Diane Heyman
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Session 1 —28 mins
Navigating IPR Estoppel at Trial (Dec 2022)
In California Institute of Technology v. Broadcom, the Federal Circuit held that estoppel under 35 U.S.C. § 315(e)(2) applies to any ground that was brought or could have been brought in an IPR. But the law is still unclear on whether estoppel applies to product prior art under 35 USC § 102(a) or 102(b) that is described by one or more patents and printed publications. This presentation explores the current state of the law and provides tips for navigating estoppel with respect to product prior art during litigation.
Originally presented: Oct 2022 Advanced Patent Law Institute
Paula Diane Heyman,
McDermott Will & Emery - Austin, TX