Posts Tagged: claim preclusion


Federal Circuit Bars New Suits Against Amazon Under Claim Preclusion, Kessler Doctrine

The U.S. Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent …
By Eileen McDermott
21 days ago 0

Supreme Court Reverses Second Circuit Approach to Defense Preclusion in Win for Lucky Brand

As predicted following oral arguments, the U.S. Supreme Court today ruled that Marcel Fashion Groups, Inc. cannot preclude Lucky Brand Dungarees, Inc. from raising new defenses …
By Eileen McDermott
2 months ago 0

Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule

On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks …
By Steve Brachmann
6 months ago 0

Preclusion Applies Only If Scope of Patent Claims in Both Suits are Essentially the Same

In SimpleAir v. Google, The district court found claim preclusion applied because the patents at issue had the same title and specification as previously litigated patents, SimpleAir …

Federal Circuit says Kessler Doctrine did not preclude claims asserted against Google

Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by …
By Steve Brachmann
2 years ago 2

Mentor Graphics v. Synopsys: Affirmed-in-Part, Reversed-in-Part, Vacated-in-Part, and Remanded

Various Synopsys parties and EVE-USA, Inc. (collectively “Synopsys”) sued Mentor Graphics, seeking a declaration that Mentor’s ’376, ’531, and ’176 patents were invalid and not infringed. Mentor counterclaimed for …

Bodog Loses Again, Claim Preclusion Not Applicable in Ex Parte Reexam

Back in 2007, a default judgment was entered in a Nevada district court against the well known Internet gambling website Bodog.com for infringement of U.S. Patent 5,564,001. (1…
By Scott A. McKeown
10 years ago 3