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ARTICLE · 06 AUGUST 2015

In An IPR, Issue Preclusion Does Not Attach Until Appeal Rights Are Exhausted

McDermott Will & Emery
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In the instant case, the petitioner argued that the patent owner should be estopped from re-arguing the patentability and admissibility issues decided in the petitioner's favor in IPR-350.

United StatesIntellectual Property
Gregory Rabin
Gregory Rabin
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SDI Technologies, Inc., v. Bose Corp.

Addressing issue preclusion in the context of an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the patent owner to present patentability and admissibility arguments from a related IPR, finding that issue preclusion does not attach until the patent owner's appeal rights have been exhausted. SDI Technologies, Inc., v. Bose Corp., IPR2014-00343 (PTAB, June 11, 2015) (McKone, APJ.).

The petitioner SDI Technologies filed an IPR petition challenging certain claims of a Bose patent. The same parties were already involved in a related IPR over the same patent (IPR2013-00350). In IPR-350, Bose argued that certain evidence presented SDI was inadmissible and that the challenged claims were patentable. The Board disagreed and issued a written decision finding the challenged claims unpatentable.

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