09/01/2026
What does it mean for prior art to be reasonably discoverable for purposes of IPR estoppel?
In a recent decision, the Federal Circuit clarified the “skilled searcher” standard, holding that simply finding a reference among thousands of search results is not enough to establish that it reasonably could have been discovered. The court also emphasized the need to account for hindsight when evaluating whether prior-art grounds are subject to estoppel.
In a recent Litigation Blog post, Douglas Wentzel and Ethan Kluesner examine the decision and what it means for parties assessing prior-art searches and IPR estoppel.
Read more here: https://www.knobbe.com/blog/federal-circuit-sheds-light-on-skilled-searcher-standard-for-ipr-estoppel/