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Collateral Estoppel Springs From Final IPR Decisions and Applies to Proceedings Involving the Same Claims and Claims Not ?Ç£Patentably Distinct?Ç¥

Collateral Estoppel Springs From Final IPR Decisions and Applies to Proceedings Involving the Same Claims and Claims Not ?Ç£Patentably Distinct?Ç¥

In MaxLinear, Inc. v. CF CRESPE LLC., No. 2017-1039, 2018 U.S. App. LEXIS 1930 (Fed. Cir. Jan. 25, 2018), the Federal Circuit vacated and remanded the Patent Trial and Appeal Board?ÇÖs (PTAB) final written decision in IPR2015-00592 (the ?Çÿ592 IPR).?á The PTAB had found that all instituted claims were not shown to be unpatentable, but during the pendency of the appeal, the Federal Circuit affirmed a decision in another IPR finding the same patent?ÇÖs independent claims unpatentable. The Federal Circuit then held that collateral estoppel applied and vacated the Board?ÇÖs decision.?á Because the PTAB focused solely on the now-invalid independent claims in its decision, the Court ordered the PTAB to consider on remand whether the dependent claims were ?Ç£patentably distinct.?Ç¥ However, the Federal Circuit?ÇÖs guidance on this point presents logical and procedural uncertainties for the PTAB, as it has been directed to consider prior art not of record in the… Continue Reading

February 2018
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