In Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit defined the boundaries of inter partes review (IPR) estoppel, ruling that unpatentability findings by the PTAB do not preclude the assertion of unchallenged claims within the same patent in district court. The decision clarifies significant procedural distinctions between IPR’s preponderance of evidence standard and the clear and convincing evidence standard used in federal district court, impacting how patent holders approach litigation following IPR outcomes. This ruling follows the precedent set in ParkerVision, Inc. v. Qualcomm Inc.
The Federal Circuit ruled that a PTAB unpatentability finding does not prevent other claims from the same patent from being asserted in district court.
This case clarifies that inter partes review findings cannot create issue preclusion for non-challenged claims, affecting patent enforcement strategies.
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