More Courts Are Applying IPR Estoppel Expansively

By Brett Cooper and Kevin Schubert (May 16, 2019, 5:47 PM EDT) -- In February 2019, we wrote about a broadening trend of district courts applying inter partes review estoppel of a validity challenge in federal district court because this type of challenge was (or could have been) presented to the U.S. Patent and Trademark Office. In this article, we examine the impact of several recent decisions on IPR estoppel. These decisions indicate a continued broadening trend in applying IPR estoppel. The law in this area is evolving quickly and significantly, and practitioners need to be aware of recent developments and the swinging pendulum....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!