“To conclude otherwise would allow a patentee to assert a claim substantially similar to a claim previously found unpatentable by the PTAB.” – CAFC The U.S. Court of Appeals for the Federal Circuit ...

The Federal Circuit recently vacated a summary judgment ruling of invalidity, holding that the district court erred in applying preclusive effect to the Patent Trial and Appeal Board’s unpatentability ...

Kenneth G. Schwarz writes: Res judicata, or claim preclusion, is frequently used in the same breath as collateral estoppel, or issue preclusion. But while the two doctrines arise out of a desire to ...