Jason M. Schwent
In a case of first impression handed down earlier this week, the Court of Appeals for the Federal Circuit ruled that the estoppel provisions of 35 U.S.C. § 315(c) apply “only after all appeal rights are exhausted, including appeals to [the Federal Circuit].” Thompson Coburn, on behalf of its clients Bunzl USA, Inc. and Bunzl Processor Distribution, LLC, asked the Court to overturn a trial court’s conclusion that the estoppel provisions applied against Bunzl.
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