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ARTICLE · 11 OCTOBER 2022

No Interference Estoppel To Zynga's IPR Petition

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Zynga Inc. v. IGT, IPR2022-00199, Paper 17 (Aug. 22, 2022), the Director of the USPTO granted sua sponte Director review and affirmed the decision granting Zynga's inter partes review ("IPR") petition.

United StatesIntellectual Property
Barbara McCurdy
Barbara McCurdy
Stacy Lewis
Stacy Lewis
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Holding:

In Zynga Inc. v. IGT, IPR2022-00199, Paper 17 (Aug. 22, 2022), the Director of the USPTO granted sua sponte Director review and affirmed the decision granting Zynga's inter partes review ("IPR") petition. The Board granted Zynga's petition after determining that "to the extent Section 41.127(a)(1) applies," it was waived, and Zynga was not barred by interference estoppel. Zynga Inc. v. IGT, IPR2022-00199, Paper 11, at * (June 14, 2022).

Background:

The Patent Trial and Appeal Board ("the Board") granted Zynga's IPR petition challenging select claims of U.S. Patent No. 7,168,089. In so doing, the Board rejected Patent Owner's argument that according to 37 C.F.R. § 41.127(a)(1), interference estoppel should apply to prohibit Zynga's petition. IPR2022-00199, Paper 11, at *8 (June 14, 2022). Patent Owner had previously prevailed in an interference with petitioner Zynga. 37 C.F.R. § 41.127(a)(1) reads:

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