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 ...

Late last year, the Federal Circuit affirmed an award of over $5 million in attorneys’ fees in favor of the defendants in PersonalWeb v. Patreon. In addressing the propriety of the award, the Federal ...

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 ...

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 ...

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“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 ...