Post-IPR Estoppel: Printed Publication vs. Actual Product Shown in the Publication
Patently-O
SEPTEMBER 9, 2021
As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. In the district court litigation, ELCO is seeking to use the single product to show each element.
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