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ARTICLE · 11 MAY 2015

The PTAB Explores Estoppel In New Representative Decision

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The Patent Trial and Appeal Board (PTAB) recently announced the addition of its March 26, 2015 decision in Dell, Inc. et al. v. Electronics and Telecomms. Res. Inst., IPR2015-00549 ("the ‘549 IPR") to its online list of Representative Orders, Decisions, and Notices.

United StatesIntellectual Property
Kevin Amendt
Kevin Amendt
Brad Scheller
Brad Scheller
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The Patent Trial and Appeal Board (PTAB) recently announced the addition of its March 26, 2015 decision in Dell, Inc. et al. v. Electronics and Telecomms. Res. Inst., IPR2015-00549 ("the '549 IPR") to its online list of Representative Orders, Decisions, and Notices.  In this ruling, the Board denies Petitioners' IPR request under the estoppel provision in 35 U.S.C. § 315(e)(1), which prevents petitioners, real parties-in-interest and privies from challenging an already-adjudicated claim on grounds that were previously raised or could have been previously raised before the Board:

The petitioner in an inter partes review of a claim in a patent under this chapter that results in a final written decision under section 318 (a), or the real party in interest or privy of the petitioner, may not request or maintain a proceeding before the Office with respect to that claim on any ground that the petitioner raised or reasonably could have raised during that inter partes

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