In Law360, IP Litigator Examines PTAB Estoppel Provision Splits in District Courts
IP litigation partner Scott McKeown (Washington, D.C.) was quoted in a Law360 article published on August 30. It examines whether estoppel provisions can extend to physical products based on splits in district courts following inter partes review proceedings at the Patent Trial and Appeal Board.
Mr. McKeown explains that since IPRs are concluding a lot faster, and because the issue comes up with more frequency, courts are now encountering this argument more often. He notes that for companies accused of patent infringement, the ability to rely on physical products following an IPR could be another factor in favor of challenging a patent in IPR, as opposed to the PTAB’s post-grant review proceeding.