KLARQUIST NEWS

Lauer Quoted in Law360 Article Regarding AIA Estoppel Provision

Published January 27, 2017

Klarquist Partner Deakin Lauer was quoted in a January 26 Law360 article titled “AIA Estoppel Provision Not As Restricted As Many Expected.” The article discussed the America Invents Act’s inter partes review estoppel provision, which limits arguments to those seeking to invalidate patent claims that can be raised following PTAB review. The estoppel provision was originally viewed as a significant limitation on the arguments petitioners could raise in litigation following an inter partes review decision. Lauer commented on how recent rulings allowing invalidity arguments to be used later in litigation are transforming the interpretation of this provision.

Law360 subscribers can access the full article here.  A discussion of IPR estoppel can also be found on Klarquist’s PTAB Blog.