estoppel Archives -

Courts Divided Over Whether IPR Estoppel Extends to Unraised Grounds

Posted at 19:20h January 12, 2018 in estoppel, IPR by Nathan D. Louwagie

Last week Judge Casper of the District of Massachusetts joined the District of Delaware in holding that IPR estoppel under 35 U.S.C. § 315(e)(2) does not apply to grounds that a petitioner failed to raise in its petition. Koninklijke Philips N.V. et al. v. Wang Alliance Corp. This decision adds to a growing district court […]

District of Delaware Applies IPR Estoppel Provisions to Bar Party from Pursuing New Prior Art Combinations

Posted at 22:37h March 6, 2017 in estoppel, Inter partes review by Samuel T. Lockner

Although not a Hatch-Waxman case, the District of Delaware’s recent ruling in Parallel Networks Licensing, LLC. v. IBM, could have a significant impact on ANDA-filers strategic approach to IPRs. In this case, the patentee (“Parallel”) filed a complaint in 2013 asserting that IBM infringed three patents. The litigation proceeded in federal district court; however, in […]