Partner Brent Babcock, Chair of the USPTO Trials and Post-Grant Proceedings Group, was quoted in a “PTAB’s Estoppel Rules Lack Teeth, Lawyers Grumble” published in The Recorder. Inter Partes Review marks its third anniversary on September 16 and patent claims that survived all the way through final written decisions at the PTAB and appeal to the Federal Circuit are now starting to bounce back to district court. This article discusses the new question of how much teeth the estoppel provision of the American Invents Act will have in court.
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