The justices have asked Elizabeth Prelogar’s office to weigh in on long-running controversy involving the America Invents Act: The scope of the AIA’s estoppel provision that prevents litigants from raising invalidity defenses in district court litigation.
January 17, 2023 at 03:52 PM
5 minute read
What You Need to Know
- The scope of America Invents Act estoppel has been controversial from the early days of the law.
- The Federal Circuit at first applied it narrowly, then in light of a Supreme Court decision more broadly.
- Apple argues it shouldn’t be blocked from raising grounds that it didn’t litigate at the Patent OFfice.
It’s been 11 years since the America Invents Act was signed into law. Courts are still trying to make sense of one of the few provisions of the law that is favorable to patent owners.
On Tuesday, the U.S. Supreme Court asked Solicitor General Elizabeth Prelogar’s office to advise on how big a bite the America Invents Act’s estoppel provision ought to take out of future patent infringement cases. The court made the request in Apple v. California Institute of Technology.
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