Claire Schuster

Claire Schuster focuses her practice on patent, trademark, trade secret and copyright litigation, as well as post-grant proceedings.

Recent Posts

Federal Circuit Clarifies Statutory Estoppel in Litigations with Co-Pending IPRs

Posted by Claire Schuster on Feb 22, 2022

Claire Schuster

Section 315(e)(2) states that once a final decision issues in an IPR challenging a claim, the Petitioner “may not assert either in [court or the ITC] that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.” In California Institute of Technology v. Broadcom Ltd., Nos. 2020-2222, 2021-1527, the Federal Circuit clarified the scope of statutory estoppel, making it harder for some patent challengers to preserve invalidity arguments for litigation.

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Topics: Petitioners, Patent Owners, IPR Estoppel, "Federal Circuit", IPR, PTAB

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.