Federal Circuit Shuts Down Attempt to Use IPR Estoppel to Stop Reexams

Federal Circuit affirmed PTO's denial of Gesture Technology Partners' petition to terminate ex parte reexamination of U.S. Patent No. 7,933,431. Samsung requested reexamination while Unified Patents filed IPR of same patent. Gesture argued reexamination should terminate after IPR decision under 35 U.S.C. § 315(e)(1) estoppel provisions. Court ruled estoppel doesn't apply since Samsung has no role maintaining reexamination after initial request—PTO drives process independently. Decision preserves parallel challenge strategy.