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The Intersection of Law and Technology at the University of Virginia
Read our current issue: Volume 20, Issue 1 - Spring 2016

An Analysis of Post-Grant Review and Inter Partes Review: Who is a “Privy” or a “Real Party in Interest” and What Constitutes “Reasonably Could Have Raised” Estoppel?
By Vivek Krishnan
The estoppel provisions related to post-grant review (PGR) and inter partes review (IPR) before the PTAB raise interesting concerns where real parties in interest and privies are involved. One of the critical questions in evaluating the preclusive effects of a final determination at the PTAB is — who qualifies as a real party in interest or a privy of ...
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