Recent Posts
- Hikma v. Vanda: Oral Argument Recap
- Teva v. Lilly should not be read as creating a new 112 rule for method of use claims
- Should ANDA filers be using the PTAB to mount early challenges to OB patents?
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- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: Issue Preclusion
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I wrote previously about oral argument in the Kroy v. Groupon case, where the Federal Circuit grappled with how to apply collateral estoppel from PTAB decisions in IPRs and PGRs where related unchallenged claims from the same patent are at issue in district court. As I wrote then, the appellant presented an interesting argument that…
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Continuing on the subject of defendants challenging multiple related patents, I listened to oral argument recently in a case involving an allegation of collateral estoppel from IPR proceedings on district court litigation of related claims that raised some interesting arguments. (Kroy IP Holdings, LLC v. Groupon, Inc., Case No. 23-1359). In that case, the district…
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