Uncertainty on Estoppel of Claims Amended at the PTAB

Since the Leahy-Smith America Invents Act (AIA) was enacted in 2011, thousands of petitions have been filed to request institution of inter partes review (IPR) to challenge patents. Upon the issuance of a final written decision by the Patent Trial and Appeal Board (PTAB), the petitioner is precluded from challenging the validity of the claims in a later proceeding on any ground that petitioner raised or reasonably could have raised during the IPR. 35 U.S.C. § 315(e).

Originally published in Bloomberg Law - August 20, 2018.