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Brief of Patent Law Professors as Amici Curiae in Support of Petitioners
Apple Inc., Broadcom Limited NKA Broadcom Inc., Broadcom Corporation, Avago Technologies Limited NKA Avago Technologies International Sales PTE Limited v. California Institute of Technology (No. 22-203)
  • Christa J Laser, Cleveland-Marshall College of Law, Cleveland State University
Document Type
Briefs and Court Filings
Publication Date
10-6-2022
Keywords
  • inter partes review (IPR),
  • estoppel,
  • patents
Abstract

This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.

Citation Information
Christa J Laser. "Brief of Patent Law Professors as Amici Curiae in Support of Petitioners" Apple Inc., Broadcom Limited NKA Broadcom Inc., Broadcom Corporation, Avago Technologies Limited NKA Avago Technologies International Sales PTE Limited v. California Institute of Technology (No. 22-203) (2022)
Available at: http://works.bepress.com/christa-laser/31/