Event Session
Panel #6 – IPR Aftermath: Reexamination, Issue Preclusion, and Leveraging the Record*
January 30, 2024 @ 12:00 PM EST
12:00 PM ET
January 30, 2024
Panel #6 – IPR Aftermath: Reexamination, Issue Preclusion, and Leveraging the Record*
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
Federal Circuit Slams USPTO for Granting Ex Parte Reexam to Serial IPR Filer
Survey:
https://www.surveymonkey.com/r/PTAB-panel-6
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…
Session Speakers
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