Sotera stipulations' value questioned after Federal Circuit decision
By Nick Robertson ( June 17, 2026, 20:18 GMT | Comment) -- After the US Court of Appeals for the Federal Circuit ruled that Sotera stipulation-based challenges to Patent Trial and Appeal Board decisions on instituting inter partes review aren't subject to appellate review, some worry that there could soon be no consequences for violating those commitments to the PTAB. However, the US Patent and Trademark Office has continued to rely on the stipulations —in which petitioners promises not to pursue the same arguments for patent invalidity before both the PTAB and in parallel district court litigation — when deciding whether to institute inter partes review.Sotera stipulation-based challenges to Patent Trial and Appeal Board decisions on whether to institute inter partes review are not subject to appellate review, the US Court of Appeals for the Federal Circuit decided this month, raising questions about the practical value of the commitments when alleged violations occur....
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