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A Dissenting Opinion On Weighing The Fintiv Factors

The PTAB has explained that it has discretion to deny an IPR petition even if the petitioner has shown that it meets the statutory threshold for institution, which requires “that there is a reasonable likelihood that the...more

The Scope Of IPR Petitioner Estoppel For Non-Petitioned Grounds Remains Uncertain

There is no doubt that “the potential for estoppel is one of the important considerations for defendants in deciding whether or not to file an [inter partes review (“IPR”)] petition.” Shaw Indus. Grp., Inc. v. Automated Creel...more

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