Commenting for IAM on a recent Federal Circuit ruling that overturned a $1.1 billion damages ruling for the California Institute of Technology but expanded how estoppel applies in district court litigation where the PTAB has instituted an inter partes review involving the same patents, Austin principal John Campbell said, “The ruling’s expansion of estoppel is good for patent owners. The people looking to invalidate the patent should be limited to one bite at the apple.” Prior to this ruling, “You could strategically game the system. It took away efficiencies. Particularly for big, sophisticated companies – everything is available to them. It should mean their IPR petitions deal with most prior art you would seek to invalidate a patent with.” Going forward, when challenging patent validity, “You will make sure you have found your best references and put them in front of the PTAB, because this should be it. There should not be strategic considerations about do I assert this one and hold back this one.” Read the article here.
