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In Re Gesture Technology (Fed. Cir., December 1, 2025) 2025-1075

This episode is about an Opinion from the United States Court of Appeals for the Federal Circuit (CAFC) in 2025, addressing an appeal by Gesture Technology Partners, LLC concerning the unpatentability of its ’431 patent. The case centered on an ex parte reexamination that proceeded despite the existence of two related inter partes reviews (IPRs) that had already found most claims invalid. Gesture challenged the Patent Office’s denial of its petition to terminate the review, arguing that IPR estoppel should apply against the requester (Samsung) to an ongoing ex parte proceeding, but the CAFC…

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