Reference Recycling and the Case for Sua Sponte Rehearing in Ingenico
Patent – Patently-O 2025-05-10
Summary:
by Dennis Crouch
This is a follow-up on my recent discussion of Ingenico v. IOENGINE, a potentially groundbreaking decision that appears to have unintentionally upended fundamental principles of IPR estoppel. The Federal Circuit’s ruling threatens to undermine Congressional intent and, as a consequence, dramatically shift the AIA balance in favor of IPR challengers and against patent owners. Yet the opinion shows no signs that the panel recognized the far-reaching implications of their interpretation. Given the sweeping nature of this change to settled patent law practice and the apparent lack of conscious intent to revolutionize IPR estoppel doctrine, this case presents compelling grounds for sua sponte panel or en banc rehearing before the precedent takes root.
See, Dennis Crouch, Estoppel Gutted: A Pelican’s Guide to Patent Litigation, Patently-O (May 8, 2025), https://patentlyo.com/patent/2025/05/estoppel-pelicans-litigation.html.
As I examine the case, and underlying materials, I’m becoming convinced that the appellate panel did not intend the far-reaching potential consequences of the decision. Certainly, the court’s opinion did not expressly recognize or contend with the sweeping change it was making. This approach reflects a particular judicial philosophy that prioritizes strict textual interpretation.