Federal Circuit Overrules Previous Decision in Shaw Industries
Prior to the SCOTUS decision in SAS Institute, partial trial institutions were not uncommon. Whether a proposed trial ground was found “redundant,” and excluded from trial, for example, created a strange estoppel calculus as to what “reasonably could have been raised” in that context. That is, when a ground was raised, and was administratively barred from trial, how could estoppel be found as to that ground?
The short answer: it wasn’t. That was the decision of the Federal Circuit in Shaw Industries.
Since Shaw, partial institutions were barred by the Supreme Court in SAS Institute, which found all claims and grounds must move to trial if one claim is found reasonably likely to be found unpatentable. Last week, the Federal Circuit finally had an opportunity to revisit Shaw.
Continue Reading CAFC Clarifies IPR Estoppel Post-SAS Institute