Category Archives: Issue Preclusion

Intellectual Ventures I LLC, et al. v. Capital One Financial Company et al.

Docket No. 2016-1077 PROST, WALLACH, CHEN March 7, 2017 Brief Summary: DC grant of SJ for collateral estoppel (issue preclusion) affirmed under Fourth Circuit law and finding of ineligibility under under § 101 affirmed under the two-step Alice/Mayo “abstract idea” … Continue reading

Posted in Appeal, Collateral estoppel, Issue Preclusion, Patentability | Leave a comment

Allergan, Inc. and Duke University v. Sandoz, Inc. (Akorn, Hi-Tech Pharm., Apotex)

Docket No. 2016-1085, -1160 REYNA, WALLACH, CHEN March 17, 2017 Non-precedential Brief Summary: DC finding of collateral estoppel and obviousness for asserted claims affirmed but reversed as to the unasserted claims of the Allergan’s ‘953 patent (“Sandoz, Inc. has not … Continue reading

Posted in Anticipation (35 USC 102), Article III disputes, Collateral estoppel, Issue Preclusion, Obviousness | Leave a comment

SkyHawke Technologies, LLC v. Deca International Corp.

Docket No. 2016-1325, -1326 TARANTO, CHEN, HUGHES July 15, 2016 Brief Summary: SkyHawke appeal of Board confirmation of its claims because “claim construction relied on…to reach that decision should be corrected” dismissed (no issue preclusion and cannot appeal reasoning supporting … Continue reading

Posted in Appeal, Inter Parties Review (IPR), Issue Preclusion | Leave a comment

B&B Hardware, Inc. v. Hargis Industries, Inc.

U.S. Supreme Court Docket No. 13-352 Decided March 24, 2015 Brief Summary: “[I]ssue preclusion is not limited to those situations in which the same issue is before two courts” but may also apply “where a single issue is before a … Continue reading

Posted in Issue Preclusion, Trademarks, U.S. Supreme Court | Leave a comment

United Access Technologies, LLC v. CenturyTel Broadband Services LLC et al.

Docket No. 2014-1347 NEWMAN, BRYSON, O’MALLEY February 12, 2015 Brief Summary: DC decision that the doctrine of collateral estoppel applied even though the jury could have based its verdict on one of two separate grounds reversed and remanded. Summary: United … Continue reading

Posted in Collateral estoppel, Issue Preclusion | Leave a comment

Soverain Software LLC v. Victoria’s Secret Direct Brand Management et al.

Docket No. 2012-1649, 2012-1650 DYK, TARANTO, HUGHES February 12, 2015 Brief Summary: “[I]nvalidity of the asserted claims of the ‘314 and ‘492 patent [was] established by issue preclusion” based on an earlier invalidation of the claims in litigation with another … Continue reading

Posted in Collateral estoppel, Issue Preclusion | Leave a comment

Brain Life, LLC v. Elekta Inc.

Docket No. 2013-1239 O’MALLEY, BRYSON, WALLACH March 25, 2014 Brief Summary: Claim and issue preclusion found inapplicable but the Kessler Doctrine applies because “all of the claims were or could have been asserted against Elekta” and the devices are “essentially … Continue reading

Posted in Claim Preclusion, Collateral estoppel, Issue Preclusion | Leave a comment