Fed Circuit Watch: Pre-Institution Disclaimer Creates Estoppel for Patent Owner

disclaimer estoppel fed circuit watch IPR patent

On January 24, 2018, the Court of Appeals for the Federal Circuit ruled on Arthrex, Inc. v. Smith & Nephew, Inc.,[1] holding that the patent owner’s pre-IPR-institution statutory disclaimer resulting in an adverse judgment has the effect of estoppel against the patent owner. The facts are as follows. Smith & Nephew filed an IPR against …

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