In a decision addressing an issue of first impression, U.S. District Court for the Northern District of Illinois defined the scope of the estoppel that applies in a district court after the USPTO issues a final written decision in an inter partes review (“IPR”). Clearlamp, LLC v. LKQ Corporation, 1-12-cv-02533 (ILND March 18, 2016). The Court found that the defendant/IPR petitioner was not estopped under 35 U.S.C. § 315(e)(2) from raising in the district court litigation prior art that the court found was not reasonably available during the prior IPR proceeding, even if the art was found cumulative of prior art that had already been used in the IPR.
