The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding that tribal immunity does not apply to inter partes review (IPR) proceedings. Saint Regis Mohawk ...
On July 22, 2025, the Court of Appeals for the Federal Circuit concluded that the Patent Trial and Appeal Board’s (the “PTAB”) decision not to apply interference estoppel and, therefore, to institute ...
“Passage of the AIA’s estoppel provision expresses Congress’ intent that claim preclusion not apply in the circumstances here.” In addition to Intel, OpenSky is also a petitioner in the IPR, which ...
David McCombs and Jonathan Bowser of Haynes Boone examine a recent Federal Circuit decision holding that IPR estoppel does ...