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IPR Estoppel: It's Not What It Used to Be

  • Gibson Dunn 1881 Page Mill Road Palo Alto, CA, 94304 United States (map)

Once upon a time, it was understood that a party filing an inter partes review (IPR) would be subject to estoppel with respect to any prior art publication ground that it "raised or reasonably could have raised" in the IPR.  Recent decisions in the Federal Circuit have, however, limited the application of IPR estoppel, and its precise contours are currently the subject of vigorous debate.  How will (and should) courts resolve the scope of estoppel?  What happens if a third-party (e.g., a co-defendant) files a related IPR?  Will the change in law affect a party's ability to obtain a stay?  

Speakers: Frank Cote and William Rooklidge from Gibson Dunn's Irvine office.

1 hour of CA MCLE credit will be available subject to approval.

Come join us for a discussion of these and other related issues.   Please RSVP here.