By Jon Gurka and James Smith ( November 7, 2017, 1:14 PM EST) -- Our March Law360 article, "District Courts And PTAB Are Divided On IPR Estoppel," explained that many district courts were limiting inter partes review estoppel to only the instituted grounds resulting in a final written decision from the Patent Trial and Appeal Board. We explained that such an application appears to be contrary to the plain language of 35 U.S.C. § 315, the legislative history of the statute, and the application of estoppel in the PTAB. Further, such an interpretation could allow alleged infringers to have multiple opportunities to invalidate patents using identical legal arguments. Since March, however, the district courts have reached a new consensus toward a broader application of estoppel that addresses many of these concerns....
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