IP Blog
IPR estoppel
IPR Estoppel Remains Elusive for Patent Owners
In Finjan v. Blue Coat Systems, LLC, No. 15-cv-03295-BLF, (N.D. Cal. July 28, 2017), the court took the majority view on the scope of Inter Partes review estoppel, finding no estoppel for grounds of invalidity not included in a petition and for grounds of invalidity denied institution by the Patent Trial and Appeal Board. Finjan had sued Blue Coat, among...
IPR Estoppel Regarding Petitioned, Non-Instituted Claims
A Wisconsin district court held that 35 U.S.C. § 315(e) can estop an accused infringer from challenging a patent claim’s validity when based on a new invalidity theory, even with PTAB non-instituted claims. Douglas Dynamics, LLC. v. Meyer Prods. LLC, No. 14-cv-866-jdp (W.D. Wis. May 15, 2017). By way of background, Meyer Products petitioned the PTAB for inter partes review...