Brief of Patent Law Professors as Amici Curiae in Support of Petitioners

Christa J Laser

Brief of Patent Law Professors as Amici Curiae in Support of Petitioners

Research output: Other contribution

Abstract

This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.

Original language	American English
State	Published - Oct 6 2022

Keywords

inter partes review (IPR)
estoppel
patents

Disciplines

Intellectual Property Law
Law
Supreme Court of the United States

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Brief of Patent Law Professors as Amici Curiae in Support of PetiFinal published version, 252 KBLicense: CC BY

Cite this

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title = "Brief of Patent Law Professors as Amici Curiae in Support of Petitioners",

abstract = " This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.",

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year = "2022",

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AU - Laser, Christa J

PY - 2022/10/6

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N2 - This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.

AB - This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.

KW - inter partes review (IPR)

KW - estoppel

KW - patents

UR - https://engagedscholarship.csuohio.edu/fac_briefs/29

M3 - Other contribution

ER -

Brief of Patent Law Professors as Amici Curiae in Support of Petitioners

Abstract

Keywords

Disciplines

Access to Document

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