Takeaway: If a petitioner challenges claims in a proceeding in which a final written decision is issued, it may be estopped from challenging those claims in another proceeding on different grounds if the evidence shows that the petitioner knew about those grounds when it filed the earlier proceeding.

In its Final Written Decision, the Board held that claims 1, 7, and 10 of the ’347 Patent are unpatentable, that Petitioner had not met its burden of proving unpatentability with respect to claim 24, and that Petitioner is estopped from maintaining its challenges to claims 21 and 23.  The ’347 Patent describes a hybrid vehicle with an internal combustion engine, at least one electric motor, and a battery bank, all controlled by a microprocessor that controls the direction of torque between the engine, motor, and drive wheels of the vehicle.

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