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Appeals › Burden of Proof › Intellectual Property Litigation

Hudnell Law Group

Differing Burdens of Proof Limits Estoppel Effect of PTAB Final Written Decision

Hudnell Law Group on

On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., reversing and remanding a district court ruling that had dismissed Kroy’s patent...more

Knobbe Martens

Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof

Knobbe Martens on

Because there are different burdens of proof in IPRs and district court, collateral estoppel does not preclude a patent owner from asserting claims that are immaterially different from claims canceled in an IPR....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

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