In a previous article titled " Recent Decisions Shed Some Light on Scope of AIA Estoppel," Finnegan attorneys Barbara C. McCurdy and Arpita Bhattacharyya discussed how the Patent Trial and Appeal Board's (PTAB) practice of only addressing instituted claims in the final written decision was adding uncertainty to the scope of inter partes review estoppel under 35 U.S.C. § 315(e). In this article, the authors discuss how the Federal Circuit has provided some clarity on the merits of this PTAB practice and its effect on the estoppel provision.
Previously published by Law360
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