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As any PTAB practitioner knows, the possibility of being estopped from asserting prior art in district court is a significant risk that must be considered when filing an IPR. Section. ....
Judge Bryson's recent decision sitting by designation in Prolitec Inc. v. Scentair Technologies, LLC., No. 20-984-WCB, 2024 WL 341342 (D. Del. Jan. 30, 2024), provides two important. ....
Filing a petition for inter partes review ("IPR") is a standard part of the playbook for defendants in patent litigation. One of the few risks for a petitioner is estoppel under 35. ....
Although the proceedings before federal district courts may not garner as much attention as those of the U.S. Court of appeals for the Federal Circuit or the Supreme Court, they can be an important proving ground for the decisions rendered by those courts. ....