The Supreme Court addressed the preclusive effect of decisions of the USPTO’s administrative court, the Trademark Trial and Appeal Board (TTAB), on district court trademark infringement proceedings in ...
Addressing issue preclusion in the context of an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the patent owner to present patentability and admissibility ...
Identity of issue, and Full and fair opportunity to contest the issue. Important to the attorney defending a malpractice claim, the argument that it is unfair to apply an earlier judgment in a ...
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday reversed in part, vacated in part, and remanded a final ...
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In a 5-4 decision authored by Justice Neil Gorsuch, the Supreme Court upheld the Virginia state courts’ conclusion that a defendant’s agreement to statutory severance of a felon-in-possession count ...
The Delaware Supreme Court declined to adopt a new standard governing issue preclusion of derivative actions, creating a tension with Delaware courts’ forceful encouragement that stockholders fully ...
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday reversed in part, vacated in part, and remanded a final written decision from the Patent Trial and Appeal Board (PTAB) in an inter ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Two years on from the Supreme Court ruling in B&B Hardware Inc v Hargis Industries, a clearer picture is emerging of how courts will handle the issue of preclusion. However, a number of questions ...
Supreme Court issues decision in Lucky Brand Dungarees v Marcel Fashion Group SCOTUS reverses Second Circuit’s dismissal of Lucky Brand’s motion to dismiss Legal experts identify learnings and ...