Federal Circuit Ruling on PTAB Estoppel Highlights Uncertainties for Patent Practitioners

The U.S. Patent and Trademark Office’s seldom-litigated Rule 42.73(d)(3), which addresses PTAB estoppel, was recently highlighted in the Federal Circuit’s SoftView LLC v. Apple Inc. decision. This ruling underscores uncertainties surrounding patent owner estoppel in inter partes review proceedings. Legal experts David Haars and Richard Crudo at Sterne Kessler provide analysis on the implications of this decision for patent practitioners.