[Patentpractice] Is the PTO estopped from arguing a patent is invalid

[Richard Schafer]

Factor2 Multimedia Systems, LLC has sued the United States for infringement of several 2FA patents, "acting through its various agencies including, but not limited to, the Department of Commerce and the United States Patent and Trademark Office" in the Court of Federal Claims. 24-cv-00485, filed 3/28/24.

Is the US estopped in the litigation from arguing a patent that its own agency issued is invalid?
Could the USPTO file an IPR against the patent?

Best regards,
Richard A. Schafer | Schafer IP Law
P.O. Box 230081 | Houston, TX 77223
M: 832.283.6564 | richard at schafer-ip.com<mailto:richard at schafer-ip.com>

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