VPATAPP Alert_AIA Estoppel - 7 Things We Know So Far

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AIA Estoppel - 7 Things We Know So Far 

by Marshall Gerstein & Borun LLP

1. Estoppel is limited to patents and printed publications;
2. Non-instituted grounds are not estopped;
3. Beyond that, courts differ on the grounds that “reasonably could have” been raised in an IPR petition;
4. The PTAB is more liberal in its application of estoppel than District Courts;
5. Estoppel extends to real parties-in-interest;
6. Joinder does not avoid estoppel; and
7. The uncertain scope of estoppel has some courts wary of granting stays.