Furnace Brook, LLC v. Aeropostale, Inc. et al.

Furnace Brook, LLC v. Aeropostale, Inc. et al.
Docket No. 2011-1025
BRYSON, MOORE, O’MALLEY(D)
July 22, 2011

Non-precedential

Subject matter: collateral estoppel

FB appealed DC grant of SJ that collateral estoppel (CE) prevents it from asserting U.S. Pat. No. 5,721,832 against the defendants. In a previous litigation (Overstock, FC 2007), the FC affirmed the DC decision that access of websites used to order products over the internet did not infringe the claims due to the “telephone terminal” limitation. FB asserted the same claims here against AP etc., and argued that CE did not apply because the previous case actually turned on the “sua sponte construction of the ‘selective communication link’ limitation” in Overstock. The FC disagreed, holding that the “telephone terminal” issue had been previously litigated, and affirmed the DC decision. The dissent argued that this decision was improper because the Overstock decision was incorrect but the panel noted that it “cannot refuse to apply collateral estoppel because we disagree with the earlier decision” and “[e]arlier decisions of this court are binding upon later panels” (citing Newell, FC 1988).

This entry was posted in Collateral estoppel. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s