N.D. Ill.: Neither Statutory Estoppel nor “Misleading” Statements Regarding Its Scope Sufficient to Knock Out Invalidity Defenses
Sep 30, 2020Invalidity, District Court, 35 U.S.C. § 315(e)(2) estoppel, Northern District of Illinois
A district court has ruled that the scope of IPR estoppel under 35 U.S.C. § 315(e)(2) did not apply to invalidity grounds that relied on physical products. The court also declined to apply judicial estoppel, notwithstanding the defendant’s “misleading” statements about the effect of estoppel, made when seeking a stay pending the outcome of IPR proceedings.
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