In Law360, Scott McKeown Comments on Federal Circuit Estoppel Ruling on Proof Falling to Patent Owners
IP litigation partner and Patent Trial and Appeal Board group chair Scott McKeown commented in a Law360 article on a Federal Circuit’s Ironburg v. Valve decision that the burden of proof in inter partes review estoppel is on the patent owner.
Scott explained that accused infringers preparing to challenge a patent should plan to do their own professional prior art search first, so they can counter later arguments in litigation that any invalidity evidence presented after the inter partes review could have reasonably been uncovered before.
Scott addressed the issue in a Patents Post-Grant column.