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Claim Preclusion

Fenwick & West LLP

Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings

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In Wisconsin Alumni Research Foundation v. Apple, the Federal Circuit expanded the preclusive effect of non-infringement rulings. It ruled that prior judgments of non-infringement can prevent follow-on lawsuits involving...more

McDermott Will & Emery

One Bite at the Apple Where State and Federal Jurisdiction Is Concurrent

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The US Court of Appeals for the Second Circuit upheld a federal district court’s dismissal of a case on res judicata grounds after a state court issued a decision on different claims but had concurrent jurisdiction over the...more

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

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In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 27, 2024

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Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more

Butler Weihmuller Katz Craig LLP

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code...

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Developments in IPR Estoppel - December 5th, 1:00 pm - 2:00 pm EST

Director Jason A. Fitzsimmons and Counsel Richard A. Crudo will present the “Developments in IPR Estoppel” webinar on Tuesday, December 5, 2023, at 1:00 PM ET. The possibility of being estopped from asserting prior art in...more

MG+M The Law Firm

Do You Want to Play a Game? DuPont Claims Sixth Circuit Decision Turns MDL Into a Lopsided Game of Heads and Tails

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In its recently filed reply brief, DuPont de Nemours Inc. argues the recent Sixth Circuit decision results in a “heads-I-win-one-trial-tails-I-Lose-the-entire-MDL rule” and further states: “No rational player rolls the dice...more

Haug Partners LLP

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

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I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.  From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more

Knobbe Martens

Federal Circuit Review - July 2023

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Can’t Stop a Bull: Limits of Claim Preclusion - In Inguran, LLC Dba Stgenetics v. Abs Global, Inc., Genus Plc, Appeal No. 22-1385,  the Federal Circuit held that claim preclusion does not bar an induced infringement claim...more

Troutman Pepper

Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

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On August 1, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair...more

AEON Law

Patent Poetry: Federal Circuit Reverses Dismissal Based on Patent Claim Preclusion

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The Federal Circuit has ruled that claim preclusion doesn’t apply to allegations of induced infringement based on an earlier finding of direct infringement. The patent at issue, US Patent No. 8,206,987 titled...more

Akin Gump Strauss Hauer & Feld LLP

PTAB: Unidirectional Language of AIA Estoppel Dooms Common-Law Claim Preclusion Argument Based on District Court’s Final Judgment...

The Patent Trial and Appeal Board has denied a patent owner’s motion to terminate an inter partes review proceeding finding that the unidirectional nature of estoppel under 35 U.S.C. § 315(e) renders common-law claim...more

Jones Day

PTAB Clarifies Claim Preclusion Standards

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On June 2, 2023,the PTAB held the standard enunciated in Astoria Federal Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) applies to claim preclusion determinations. This was yet another decision in the ongoing battle...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (July 3 – July 7): Three Lawsuits, Still No Claim Preclusion

Fans of civil procedure will want to check out our case of the week, which offers an interesting discussion of the requirements for claim preclusion in patent infringement suits—and a reminder about the distinctions between...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Takes Claim Preclusion by the Horns

On July 5, in Inguran, LLC v. ABS Global, Inc, the Federal Circuit issued an opinion clarifying the preclusive effect of a direct infringement claim on subsequent inducement claims. The court held that an earlier direct...more

McDermott Will & Emery

Not on the Merits: Claim Preclusion Doesn’t Bar Inducement Claims After Direct Infringement Case

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Applying Seventh Circuit law to determine whether the dismissal of patent infringement claims should be upheld on the basis of claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court ruling...more

Knobbe Martens

Can’t Stop a Bull: Limits of Claim Preclusion

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INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC - Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar...more

Perkins Coie

CERCLA Contribution Action Not Barred by Claim Preclusion

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Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are...more

McDermott Will & Emery

First Circuit: Claim Preclusion Shouldn’t Apply to Bar Claims Under VARA

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Addressing for the first time whether federal res judicata law recognizes the alternative determinations doctrine, the US Court of Appeals for the First Circuit determined that a plaintiff’s claims under the Visual Artists...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Playing Hooky And Cleanup Costs

This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more

AEON Law

Patent Poetry: PTAB: Claim Preclusion Doesn’t Apply to IPR Proceedings

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The Patent Trial and Appeal Board (PTAB) has denied VLSI’s motion to terminate Intel’s involvement in an inter partes review (IPR) of a VLSI patent. VLSI and Intel are engaged in a legal war across several jurisdictions....more

Goldberg Segalla

Plaintiff’s Failure to Timely Amend Complaint Results in Court Dismissing Second Filed Complaint

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Court: United States Court of Appeals for the Third Circuit - In 2016, plaintiff Richard Nybeck sued various product manufacturers in the Philadelphia County Court of Common Pleas, alleging he developed lung cancer after...more

McDermott Will & Emery

Color Me Unsurprised: No Preclusion of Plaintiff’s Claims

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The US Court of Appeals for the Seventh Circuit reversed the lower court’s order determining that the plaintiff’s federal lawsuit was barred under the doctrines of claim and issue preclusion, noting an Illinois law exception...more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Holds That Exhaustion of Administrative Remedies Is Procedural, Not Jurisdictional

On September 12, 2022, the California Court of Appeal, 4th District, issued its decision in Acevedo v. CashCall, Inc., 2022 WL 4129106 (Cal. Ct. App. Sept. 12, 2022), affirming the lower court’s decision dismissing a Private...more

BCLP

The perils of preservation

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The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

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