#ipr-estoppel

#ipr-estoppel

The Federal Circuit is now considering a rehearing petition challenging the Federal Circuit's recent decision in Ingenico Inc. v. IOENGINE, LLC, 136 F.4th 1354 (Fed. Cir. 2025), which narrowed the scope of Inter Partes Review (IPR) estoppel under 35 U.S.C. § 315(e)(2). Under the statute - an IPR petitioner is estopped from later re-challenging a patent's validity based upon grounds that could have been raised in the IPR:

The Federal Circuit's decisions in Ingenico and Ironburg effectively eliminate statutory IPR estoppel under 35 U.S.C. §315(e)(2), undermining its intended purpose to streamline litigation.