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Failure to Appeal After SAS Results in Estoppel as to Non-Instituted Grounds

As the boundaries of estoppel post-SAS continue to unfold, one court has found that if a petitioner’s time for appealing a PTAB partial-institution decision had not yet run out at the time that SAS was handed down, then the...more

Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel

In a split decision that drew separate opinions from each of the panel members, the Federal Circuit recently affirmed the PTAB’s decision to enter an adverse judgment against a patentee, even though the patentee had properly...more

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