Federal Circuit Reminds IPR Petitioners: Get It Right in the Petition

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Miss a ground in your inter partes review (IPR) petition? Don’t expect a reply-brief footnote to save you. In DK Crown Holdings Inc. v. AG 18, LLC, No. 2024 2078 (Fed. Cir. May 6, 2026), the Federal Circuit affirmed the Patent Trial and Appeal Board’s refusal to consider a new invalidity theory raised for the first time in a reply-brief footnote….
By: Akerman LLP
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