A recent Federal Circuit opinion clarified that patent owners carry the burden of proving that inter partes review (IPR) estoppel applies to invalidity grounds not included in their IPR.
Intuitive filed three IPR petitions, all on the same day, challenging Ethicon’s endoscopic surgical instrument patent. The petitions challenged overlapping claims based on different.
Since its inception, the PTAB has gained a negative reputation among patent owners, even being referred to as “patent death squads.” However, in the past year the Federal Circuit has.
Jessica recently joined Arnold & Porter's IP practice in March 2022 after more than seven years as an administrative patent judge (APJ) with the Patent Trial and Appeal Board (PTAB).