Brief of Patent Law Professors as Amici Curiae in Support of Petitioners

Case Title

Apple Inc., Broadcom Limited NKA Broadcom Inc., Broadcom Corporation, Avago Technologies Limited NKA Avago Technologies International Sales PTE Limited v. California Institute of Technology (No. 22-203)

Authors

Christa J. Laser, Cleveland-Marshall College of Law, Cleveland State UniversityFollow

Document Type

Briefs and Court Filings

Publication Date

10-6-2022

Abstract

This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.

Repository Citation

Laser, Christa J., "Brief of Patent Law Professors as Amici Curiae in Support of Petitioners" (2022). Law Faculty Briefs and Court Documents. 29.
https://engagedscholarship.csuohio.edu/fac_briefs/29