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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, “Under the law as it was before, under Shaw, there was virtually no estoppel. It is a rare and good ruling for inventors.” With respect to the Federal Circuit’s errata issuance clarifying the ruling’s language, John observed, “In terms of what the statute says, this is the right way to phrase it. What the Federal Circuit originally said could have been read to suggest it was on a patent-by-patent basis, rather than a claim-by-claim basis.” Read the article here.

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