Intellectual Property Law

New Matter FALL 2022, VOLUME 47, EDITION 3


Philip Eklem

Reichman Jorgensen Lehman & Feldberg LLP

This article discusses the Federal Circuit’s opinion in California Institute of Technology v. Broadcom et al. ("Caltech")1 and the case’s impact on proceedings at the U.S.P.T.O. with parallel district-court litigation. Overruling Shaw Industries Group, Inc. v. Automated Creel Systems, Inc.,2 the three-judge panel held that estoppel under 35 U.S.C. § 315(e)(2), which precludes petitioners in inter partes review (IPR) proceedings that result in a final written decision from raising invalidity grounds in a civil proceeding that it "raised or reasonably could have raised" in the IPR, applies not only to the grounds upon which review was instituted, but also to grounds not stated in the petition.


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