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

Los Angeles, CA – Feburary 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).

Link to full brief here