What is the estoppel effect of litigation on inter partes reexamination under 35 U.S.C. 317(b)?
The estoppel effect under 35 U.S.C. 317(b) can prevent the maintenance of an inter partes reexamination under certain conditions: It applies when there’s a final court decision upholding patent validity. The requester must have been a party to the litigation. It only affects claims that were at issue in the litigation. It prevents reexamination based…
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