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IPR Estoppel Strikes Again

Wasica Finance GmbH et al. v. Schrader Int'l, Inc. et al., C.A. 13-1353-LPS (D. Del. January 14, 2020) (publicly available on January 21, 2020)

Author: John P. Isacson

1/23/2020

Read the full post at Post-Grant Counsel

IPR Estoppel Strikes Again

Plaintiffs Wasica and Bluearc (collectively Wasica) filed an infringement action based on U.S. Patent No. 5,602,524 against defendants (collectively Schrader). The patent pertained to devices for measuring the air pressure in tires.

Thereafter, Schrader filed IPR petitions that primarily relied upon an Italian patent to Oselin in combination with other references. The PTAB found that claim 6 of the ‘524 patent was patentable, which the Federal Circuit affirmed. When returning to the district court, Schrader again attacked the validity of claim 6 based upon the Oselin patent, 14 other patents or publications and one product, namely Corvette ZR-1 Sensors.

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