Ingenico: Federal Circuit Clarifies Only “Grounds,” Not the Prior Art They Rely On, are Estopped After an IPR
May 29, 2025
Authored and Edited by Forrest A. Jones
With the recent discretionary denial changes at the PTAB, one point of emphasis has been petitioner's stipulations not to pursue certain grounds or references in the parallel district court litigation (most commonly a Sotera or Sand stipulation). The Acting Director has placed an emphasis on looking at how much reduction in overlap there will be in practice, particularly where there is system art at issue in the district court. See, e.g., Motorola Solutions, Inc. v. Stellar, LLC, IPR2024-01205, IPR2024-01206, IPR2024-01207 & IPR2024-01208, Paper 19 (PTAB March 28, 2025). The Federal Circuit has now weighted in on the district court side, to clarify what grounds and art are–and are not–subject to estoppel without a stipulation.
Read more here.
Related Offices
Contacts
Copyright © 2025 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
