L&W Files Fed. Cir. Brief on Behalf of amici BIO & PhRMA on IPR Estoppel

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L&W Files Fed. Cir. Brief on Behalf of amici BIO & PhRMA on IPR Estoppel

February 13, 2017

On Thursday, February 9, 2017, Lowenstein & Weatherwax LLP attorneys filed a brief in the U.S. Court of Appeals for the Federal Circuit on behalf of the Biotechnology Innovation Organization (“BIO”) and the Pharmaceutical Research and Manufacturers of America (“PhRMA”) as amici curiae.  The brief urged the Court to grant a writ of mandamus to review the scope of estoppel in completed post-grant inter partes reviews (IPRs), an issue of great significance to patent litigants where the patent has survived an IPR.  The amicus brief challenges the narrow interpretation of IPR estoppel that some courts have applied in the wake of Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., 817 F.3d 1293 (Fed. Cir. 2016). 

The brief is available HERE.   

On February 10, 2017, Law360 published an article on the filing of the amicus brief.  The article is available (subscription may be required) HERE.