CAFC Upholds USPTO Estoppel Regulation But Limits Application to New or Amended Claims
IP Watchdog
JULY 28, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday in SoftView LLC v. Apple Inc. held that the Patent Trial and Appeal Board (PTAB) properly applied the estoppel provision of 37 CFR § 42.73(d)(3)(i) in invalidating Softview’s amended claims submitted in inter partes and ex parte reexaminations. The PTAB held and the CAFC affirmed that the claims were not patentably distinct from claims previously invalidated in inter partes review (IPR) proceedings involving SoftView, and the cou
Let's personalize your content