Tags » Collateral Estoppel

Collateral Estoppel

The doctrine of collateral estoppel, or issue preclusion, holds that “a final judgment on the merits prevents re-litigation of issues actually litigated and necessary to the outcome of the prior action in a later suit involving a different cause of action between the parties or their privies.” … 373 more words

Civil Procedure

Arbitrating the Patent Case Part IX: Statutory provisions

In earlier articles in this series we looked at patent disputes most suitable for arbitration, choice of arbitrator, arbitration clauses to use and avoid, the prehearing conference, discovery, and prehearing matters such as claim construction and summary judgment.  1,511 more words

Patent Arbitration

U.S. Supreme Court Holds That TTAB Decisions Can Have Preclusive Effect in Infringement Litigation

Author: Naresh Kilaru

In a case that is certain to have far-reaching implications for trademark practitioners, and is contrary to the numerous amicus briefs filed on behalf of multiple intellectual property organizations, the U.S. 610 more words

Federal Cases

United Access Technologies, LLC v. CenturyTel Broadband Services LLC et al.

Docket No. 2014-1347

February 12, 2015

Brief Summary: DC decision that the doctrine of collateral estoppel applied even though the jury could have based its verdict on one of two separate grounds reversed and remanded. 431 more words

Collateral Estoppel

Soverain Software LLC v. Victoria’s Secret Direct Brand Management et al.

Docket No. 2012-1649, 2012-1650

February 12, 2015

Brief Summary: “[I]nvalidity of the asserted claims of the ‘314 and ‘492 patent established by issue preclusion” based on an earlier invalidation of the claims in litigation with another party and the DC judgment of infringement reversed. 457 more words

Collateral Estoppel

FlaSC: Must appt special counsel in DP cases where D waives mitigation

Affirming the conviction and death sentence of Bill Paul Marquardt, the Florida Supreme Court held:


MITIGATION:  “We also reaffirm our commitment to the principles and procedures articulated in Muhammad v. 153 more words

Death Penalty

Liz Transport, Inc. v. Haifley (In re Haifley)

(Bankr. N.D. Ind. Dec. 19, 2014)

The bankruptcy court denies the plaintiff’s motion for summary judgment in this nondischargeability action. The plaintiff’s motion asserted the debtor was collaterally estopped from arguing facts contrary to those deemed admitted by him in the prepetition state court action. 42 more words