Monday, March 6, 2017

CAFC - Shaw Industries Group v. Automated Creel Systems - Inter Partes Review Estoppel No Application to Grounds Denied as Redundant

In Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., the Federal Circuit held that 35 USC 315(e) estoppel does not bar an inter partes review (IPR) petitioner from later raising a ground of invalidity not instituted due to PTAB considering it redundant to other grounds in the IPR.                      
  • 35 U.S.C 315(e)(1) PROCEEDINGS BEFORE THE OFFICE.—The petitioner in an inter partes review of a claim in a patent under this chapter that results in a final written decision under section 318(a), or the real party in interest or privy of the petitioner, may not request or maintain a proceeding before the Office with respect to that claim on any ground that the petitioner raised or reasonably could have raised during that inter partes review.
Note this reduces the scope of 35 USC 315(e) estoppel and favors patent challengers.

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