If you were unable to join us in person at IPWatchdog Studios for PTAB Masters™ 2024, a part of the IPWatchdog Masters™ series, register now to watch the broadcast of the IPR Aftermath: Reexamination, Issue Preclusion, and Leveraging the Record panel. This panel was recorded on January 30, 2024.

We’ve heard the story in the past, which is sadly all too common. A patent owner prevails in federal district court, and also prevails at the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) challenge, but somehow finds themselves still fighting an ex parte reexamination. How is this possible?

This panel will explore the role of reexamination after an inter partes review proceeding has concluded, or not been initiated, and what, if any issue preclusion there is or should be in a reexamination post-IPR.

Materials

When One Door Closes, Try Reexam: TikTok Filing Underscores USPTO Forum Shopping Problem

Post-Vivint Patent Office Treatment of Ex Parte Reexaminations After Non-Instituted IPRs

Salesforce Reexams Vacated Because It Was Real-Party-in-Interest in RPX IPR

Reexam After Failed IPR?

Federal Circuit Slams USPTO for Granting Ex Parte Reexam to Serial IPR Filer