Estoppel Timing and Procedural Traps in Patent Challenges
Briefly

Gesture Technology filed a lawsuit against Apple, LG Electronics, and Google in 2021 over a patent for gesture-recognition technology. Following the suit, several inter partes review (IPR) petitions were initiated, ultimately resulting in a mixed ruling from the Patent Trial and Appeal Board (PTAB)—most claims were invalidated, but claims 11 and 13 were upheld. The Federal Circuit confirmed this ruling, addressing various procedural and substantive patent law issues, although controversy remained concerning the aspect of IPR estoppel.
In the pair of opinions, both authored by Judge Prost, the court focused both on procedural IPR issues as well as substantive patent law issues.
The PTAB instituted the IPRs and ultimately came out with a mixed result - cancelling most of the claims, but leaving claims 11 and 13 standing.
Read at Patently-O
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