In Kroy IP Holdings, LLC v. Groupon, Inc., the US Court of Appeals for the Federal Circuit held that a prior final written decision of the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) proceeding holding certain patent claims unpatentable does not preclude a patentee from asserting other claims from the same patent that are immaterially different from the unpatentable claims for purposes of invalidity.
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No Collateral Estoppel Against Claims Immaterially Different from Those Invalidated in Prior IPR: Federal Circuit
