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    quantumpat
    • Feb 5, 2020

    Wasica Finance GmbH v. Schrader International, et al. (D. Del. Jan. 14, 2020)

    After Schrader has failed to demonstrate that a claim is obvious based on printed publications in an inter partes review, it is estopped under 35 U.S.C. § 315(e)(2) from later raising in district court an invalidity challenge relying on a physical product that presents the same "grounds" as the printed publications. Even if the "evidence" (i.e., the physical product) was not available during the IPR, the "grounds" (i.e., obviousness) raised by the physical product and the pr

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