Prior Art Estoppel | Expert Witness Skilled Searcher Declaration

Our CEO and Founder, Eugene Lhymn, is a highly sought-after expert witness in the patent litigation space, as it relates to prior art search and prior art estoppel.

Please reach out to us here: info@shermanpatentsearch.com
for a full CV of previous expert witness consultation relating to prior art estoppel.  

A petitioner in an inter partes review is estopped from asserting, in a district court litigation, grounds that the petitioner raised or reasonably could have raised during the inter partes review in accordance with 35 U.S.C. § 315(e)(2): 

The petitioner in an inter partes review of a claim in a patent under this chapter that results in a final written decision under section 318(a), or the real party in interest or privy of the petitioner, may not assert either in a civil action arising in whole or in part under section 1338 of title 28 or in a proceeding before the International Trade Commission under section 337 of the Tariff Act of 1930 that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review. 31. 

An expert witness can provide opinions about (i) how a skilled searcher in a period leading up to the time frame would have performed a diligent prior art search for relevant references to be used in an attempt to invalidate the asserted patents, (ii) the references that would have been located by such a search, and (iii) whether such located references include those asserted by a petitioner during an IPR.