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Uncertain Times: When Does IPR Estoppel Apply?
Contains material from Jan 2024
Uncertain Times: When Does IPR Estoppel Apply?
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While the Supreme Court passed on an opportunity to define the scope of IPR estoppel, the Federal Circuit clarified the burden of proof for establishing estoppel and adopted the “skilled searcher” standard in Ironburg v. Valve. Districts courts, however, remain split on whether IPR estoppel applies to product prior art under 35 USC §§ 102(a) or 102(b) that is described by patents and/or printed publications. This presentation explores how district courts are applying the “skilled searcher” standard, and the continued split in district courts as to whether product prior art falls within the scope of IPR estoppel.
Includes: Video Audio Slides
- Total Credit Hours:
- 0.75
- Credit Info
- TX, CA
- TX MCLE credit expires: 1/31/2025
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Uncertain Times: When Does IPR Estoppel Apply? (Jan 2024)
Paula Diane Heyman
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Uncertain Times: When Does IPR Estoppel Apply? (Jan 2024)
While the Supreme Court passed on an opportunity to define the scope of IPR estoppel, the Federal Circuit clarified the burden of proof for establishing estoppel and adopted the “skilled searcher” standard in Ironburg v. Valve. Districts courts, however, remain split on whether IPR estoppel applies to product prior art under 35 USC §§ 102(a) or 102(b) that is described by patents and/or printed publications. This presentation explores how district courts are applying the “skilled searcher” standard, and the continued split in district courts as to whether product prior art falls within the scope of IPR estoppel.
Originally presented: Nov 2023 Advanced Patent Law Institute
Paula Diane Heyman,
McDermott Will & Emery - Austin, TX