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    PTAB Use Of Redundancy May Have Unfair Estoppel Effect

    Outside Publication
    Ralph Loren, an intellectual property partner in Edwards Wildman's Boston office, wrote an article about how the Patent Trial and Appeal Board has used redundancy as a basis of eliminating a portion of the an inter partes review or covered business method review petitioner’s proposed grounds for unpatentability without determining if the grounds have merit in Law360. In the article, “PTAB Use Of Redundancy May Have Unfair Estoppel Effect,” the author discussed how the petitioner not only is precluded from appealing an unfavorable institution by the PTAB that lacks desired grounds of unpatentability, he is also precluded from further raising those same grounds in the same or different proceeding or in a civil action. Furthermore, the authors point out that this result calls into question the propriety of balancing the PTAB’s administrative burden of dealing with a multitude of similar unpatentabilty grounds and the petitioner’s rights afforded under the statute to challenge validity.

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