Joinder Estoppel Narrower Than Original Petition Estoppel
Court’s have struggled with the meaning of the “reasonably could have raised” aspect of 315(e)(2) IPR estoppel. The CAFC has not had much opportunity to weigh in on this issue…. yet. But, last week the Court provided guidance on what is “reasonably raised” when a party joins an IPR petition under § 315(c). Based on the Court’s decision, joinder may become a more attractive option for co-defendants in multi party litigations.
Continue Reading PTAB Joinder Provides Estoppel Benefit