Written by Irwin IP attorneys Joseph Marinelli and Bailey Sanders, this article explores a pivotal issue in patent litigation—the scope of IPR estoppel under 35 U.S.C. § 315(e)(2). Since inter partes review (IPR) was introduced in 2012, courts have grappled with how far estoppel reaches in barring district court defendants from raising prior art-based invalidity arguments that could have been raised during IPR.
Joseph and Bailey analyze the Federal Circuit’s recent decision in Ingenico Inc. v. IOENGINE LLC (May 7), which provides meaningful guidance on this long-disputed question.