Intuitive Surgical v. Ethicon — Federal Circuit Holds IPR Estoppel Applies Even When Multiple Petitions Are Filed Simultaneously
The Federal Circuit held that IPR estoppel under 35 U.S.C. § 315(e)(1) applies to invalidity grounds a petitioner could have raised in an earlier-decided IPR, even if that IPR and the later-challenged IPR were filed on the same day — closing the simultaneous-petition loophole.