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ARTICLE · 09 DECEMBER 2022

A Potential Setback For Defendants In The Race To Final Judgment

Baker Botts L.L.P.
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On September 26, 2022, Jump Rope Systems, LLC ("JRS") filed a petition for writ of certiorari to address the question of "[w]hether . . . a determination of unpatentability by the Patent Trial and Appeal Board...

United StatesIntellectual Property
Baker Botts
Baker Botts

On September 26, 2022, Jump Rope Systems, LLC ("JRS") filed a petition for writ of certiorari to address the question of "[w]hether . . . a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a patent infringement lawsuit in federal district court."1 Courts have routinely applied the collateral estoppel doctrine in similar cases since the Federal Circuit's 2018 decision in XY, LLC v. Trans Ova Genetics, L.C. ("XY, LLC"), which JRS seeks to have overruled.2 If the Supreme Court grants certiorari and JRS ultimately prevails, the race to final judgment between parallel district court and Patent Trials and Appeals Board ("PTAB") proceedings could change significantly. Specifically, if JRS's petition is successful, it could allow patentees to advance their infringement claims towards final judgment even after the Federal Circuit's

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