In inter partes review proceedings, the Patent Trial and Appeal Board has historically been reticent to consider arguments raised for the first time in a petitioner's reply.
A vexing issue in post-grant patent practice is understanding the limits of how far a patent challenger can deviate from the four corners of its petition during the proceeding.
The Federal Circuit issued two precedential decisions in August, reminding parties in Inter Partes Review proceedings to refrain from sandbagging and raise all arguments at the first opportunity.
The Federal Circuit issued two precedential decisions in August, reminding parties in Inter Partes Review (IPR) proceedings to refrain from sandbagging and raise all arguments at the.
In Everstar Merchandise Co. Ltd. v. Willis Electric Co. Ltd., No. 2021-1882, 2022 WL 1089909 (Fed. Cir. Apr. 12, 2022) (non-precedential), the Court of Appeals for the .