Federal Circuit Decision: Assignor Estoppel Has No Place in IPR Proceedings

On November 9, 2018, in Arista Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit held that assignor estoppel does not apply in inter partes review (IPR) proceedings. In this case, a former employee of Cisco Systems, Inc. (“Cisco”), who had assigned his invention as patented (U.S. Patent No. 7,340,597 – “the ‘597 patent”) to Cisco, …

Get Your Argument Right the First Time!

In a most recent opinion, the Federal Circuit makes it clear that unless it chooses to exercise its waiver rights under 37 CFR 42.5(b), the Patent Trial and Appeal Board (“the Board”), consistent with the PTO guidelines, is obligated to dismiss new arguments and evidence presented for the first time during the oral argument phase …