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IP News

By Jeff Ginsberg and George Soussou
November 02, 2017

Federal Circuit: Collateral Estoppel Can Apply to Patents With Claims Similar To Those in Previously Litigated, Related Patents

On Oct. 3, 2017, a Federal Circuit panel of Judges Newman, Clevenger, and Chen issued a per curium decision in In re Lakshmi Arunachalam, No. 2016-1607 (Fed. Cir. 2017). Because claims of a later patent were not “materially different” than claims of a previously litigated patent, the patent owner was barred from re-litigating the issues due to collateral estoppel.

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