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Preponderance of the Evidence Collateral Estoppel Patent Litigation

A&O Shearman

Federal Circuit Issues Key Ruling On Collateral Estoppel And Patent Invalidity

A&O Shearman on

The Federal Circuit recently issued a decision in the ongoing dispute in Kroy IP Holdings, LLC v. Groupon, Inc., addressing the collateral estoppel effect of Patent Trial and Appeal Board (PTAB) decisions on subsequent...more

Akin Gump Strauss Hauer & Feld LLP

PTAB: Collateral Estoppel Precludes Patent Owner from Advancing Arguments Previously Rejected in IPRs Involving Different but...

A recent ruling from the Patent and Trial Appeal Board (PTAB) highlights the critical role that collateral estoppel (also known as issue preclusion) can play in inter partes review (IPR) proceedings. In a final written...more

Jones Day

Rule 36 Judgment May Support Finding of Collateral Estoppel

Jones Day on

The Federal Circuit recently affirmed final written decisions in two inter partes reviews by holding that the patent owner was collaterally estopped from relitigating the threshold issue of whether a prior art reference was a...more

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