Accused Infringer Estopped from Asserting Prior Art Disclosed in Invalidity Contentions
Apr 10, 2018District Court, Infringement, 35 U.S.C. § 315(e)(2) estoppel, Inter Partes Review, Northern District of Texas
In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art known to IBM when it filed its first petition for inter partes review.
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