The US Court of Appeals for the Federal Circuit vacated a summary judgment finding claims invalid, on grounds that the district court erred in applying issue preclusion based on factual findings in an ...

The doctrine of issue preclusion, or collateral estoppel, prevents a party who unsuccessfully litigated an issue to a final decision in one proceeding from relitigating the same issue in future ...

Identity of issue, and Full and fair opportunity to contest the issue. Important to the attorney defending a malpractice claim, the argument that it is unfair to apply an earlier judgment in a ...

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In a 7-2 decision written by Justice Samuel Alito, the US Supreme Court found that issue preclusion should apply to rulings by the Trademark Trial and Appeals Board as long as the ordinary ...

Kenneth G. Schwarz writes: Res judicata, or claim preclusion, is frequently used in the same breath as collateral estoppel, or issue preclusion. But while the two doctrines arise out of a desire to ...

“Had this case been decided by another circuit… basic principles of issue preclusion would have allowed the PTAB’s decision to block UTC’s induced infringement claim.” – Petitioner Liquidia ...

In 2015, the US Supreme Court issued a decision in B&B Hardware, Inc v Hargis Industries, Inc which held that a court should give preclusive effect to decisions made by the US Patent and Trademark ...

In Ashe v PNC Financial Services Group Inc, the US District Court for the District of Maryland has found that a prior decision by the TTAB in opposition proceedings involving the mark SPENDOLOGY met ...

Supreme Court issues decision in Lucky Brand Dungarees v Marcel Fashion Group SCOTUS reverses Second Circuit’s dismissal of Lucky Brand’s motion to dismiss Legal experts identify learnings and ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...