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So each of the three challenges that we’ve been discussing, PGR, CBM, and IPR, have different estoppel provisions associated with them. The most preclusive estoppel is found in post-grant reviews or PGRs. The most controlled estoppel is found in covered business method review, which is still a species of post-grant review, but congress made those estoppels such that they’re limited to what was actually asserted in the PTAB trial. Inter partes reviews have a slightly different estoppel associated with them, but it’s more controlled because you have fewer statutory grounds than either PGR or CBM.
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Minneapolis patent attorney Tim Bianchi discusses how post grant options are different in estoppel terms.