Redundancy and Estoppel in Inter Partes Review

Corporate Counsel
August 2014

Inter partes review (IPR) proceedings have become a popular option for those seeking to invalidate a patent; however, the USPTO has been relying on the concept of “redundancy” to reduce the number of grounds of invalidity considered during a given review. Because estoppel attaches upon an IPR final decision with respect to any issue a petitioner reasonably could have raised, redundancy is proving a challenging consideration for IPR petitioners. In an August 11, 2014 article on, Justin Oliver and Chitra Kalyanaraman examine the conflict between estoppel and redundancy.

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