Posts Tagged: Kessler doctrine


SimpleAir v. Google: Consider the Scope of the Claims in a Claim Preclusion Analysis

On March 12, 2018, the Federal Circuit held in SimpleAir, Inc. v. Google LLC, No. 2016-2738, that a terminal disclaimer does not raise a presumption that a continuation patent …
By Elizabeth Crompton
2 years ago 5

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