Patent Litigation Strategies After the Fed. Cir. Kroy v. Groupon Decision

The Federal Circuit’s February 10, 2025 decision in Kroy IP Holdings, LLC v. Groupon, Inc. fundamentally shifts the interplay between district‑court patent litigation and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). In holding that a PTAB final written decision invalidating certain claims cannot collaterally estop a patentee from later asserting immaterially different claims in district court, the Federal Circuit recalibrated long‑standing assumptions about estoppel, burdens of proof, and claim‑assertion strategy. Patent owners should now reassess how they structure infringement complaints, manage claim portfolios, and engage in parallel PTAB proceedings. In this episode, Angela and Erick discuss practical guidelines including staggered claim assertion strategies and key distinctions from prior rulings. Join us for practical tips for navigating the complexities of post-Kroy patent litigation.