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Federal Circuit: Petitioner Estoppel Does Not Apply to Product Prior At Grounds

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In IOENGINE, LLC v. Ingenico Inc. (Fed. Cir. 2025), the Federal Circuit narrowed the scope of IPR estoppel under 35 U.S.C. § 315(e)(2), which precludes an IPR petitioner from asserting in court that a patent claim “is invalid...more

Jones Day

CAFC Holds Applicant Admitted Prior Art Cannot be the Basis of an IPR Ground

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Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b) (emphasis added). An...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mixed Result in M&K Holdings v. Samsung Electronics: Federal Circuit Finds Anticipation not Necessarily Inherent in Obviousness...

Rothwell, Figg, Ernst & Manbeck, P.C. on

Earlier this month, in the precedential decision M & K Holdings v. Samsung Electronics Co., the Court of Appeals for the Federal Circuit (“the CAFC”) upheld the Patent Trial and Appeal Board (“the Board”) in finding certain...more

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