Groupon, Inc. was involved in oral arguments on October 7, 2024, before the Federal Circuit in the ongoing patent infringement case, Kroy IP Holdings, LLC v. Groupon, Inc. The dispute originated in October 2017 when Kroy IP Holdings sued Groupon, alleging infringement of United States Patent No. 6,061,660.
Previously, Groupon filed inter partes review petitions in October 2018, leading the PTAB to invalidate 19 challenged claims, a decision affirmed by the Federal Circuit in June 2021. Kroy later filed a Second Amended Complaint asserting 14 new claims, but the district court dismissed these, applying collateral estoppel on the grounds that the newly asserted claims were not materially different from those already invalidated.
Kroy is appealing this dismissal, arguing that the district court erred in applying collateral estoppel due to differences in the standard of proof between the PTAB and district court, and that the newly asserted claims are materially distinct. Groupon maintains that PTAB decisions have preclusive effect on district court proceedings, regardless of the standard of proof, and that the claims were properly deemed not materially different.
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