Patent Owner Estoppel Questions In The Wake Of SoftView
By David Haars and Richard Crudo ( September 17, 2024, 6:37 PM EDT) -- The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) — which precludes a patent applicant or owner "from taking action inconsistent with" an adverse judgment entered in an inter partes review proceeding — was brought to the forefront in the U.S. Court of Appeals for the Federal Circuit's recent SoftView LLC v. Apple Inc. decision.[1]...
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