I fought the Shaw: a game theory framework and approach to the district courts' struggle with IPR estoppel

Research output: Contribution to journalArticleResearchpeer-review


An ongoing dispute among district courts as to the scope of inter
partes review estoppel provides a useful set for later examination of game
theory perspectives on repeat players and institutional actors within the patent
ecosystem: the Patent Trial and Appeal Board, District Courts, Petitioners,
and Plaintiffs. While the Federal Circuit would normally be expected
to rapidly address this ongoing rift, the potential alteration of the
issue by the Supreme Court through SAS Inst., Inc. v. Matal may give the
Circuit pause and provide a greater window for future study.
Original languageEnglish
Pages (from-to)411-421
Number of pages11
JournalChicago-Kent Journal of Intellectual Property
Issue number2
Publication statusPublished - 1 Jan 2018


  • IPR
  • patents

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