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Once the Federal Circuit Affirms a PTAB Finding of Invalidity, Collateral Estoppel Prevents Patent Owner From Asserting the Claims in Any Further Proceeding

Author: Reza Mollaaghababa

5/29/2018

Read the full post at Post-Grant Counsel

Once the Federal Circuit Affirms a PTAB Finding of Invalidity, Collateral Estoppel Prevents Patent Owner From Asserting the Claims in Any Further Proceeding

On May 23, 2018, in XY, LLC v. Trans Ova Genetics, L.C., CAFC held that its affirmance of PTAB’s invalidity decision regarding certain claims of a patent owned by XY in a separate appeal involving a different defendant must be given “immediate issue preclusive effect” with respect to the same claims in the present case even though XY and Trans Ova had not raised the collateral estoppel issue.

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