Federal Circuit Review - Volume 3 | Issue 1 - January 2013

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In This Issue:

• Prior Litigation Precludes Lawsuit

• Disclosure of Broad Genus Does Not Disclose Species

• Preamble Limits Claims

- Excerpt from Prior Litigation Precludes Lawsuit:

In Cummins, Inc. v. TAS Distrib. Co., Appeal No. 2010-1134, the Federal Circuit affirmed the district court’s grant of summary judgment to TAS on grounds of res judicata.

Cummins sought a declaratory judgment of invalidity and unenforceability of certain TAS patents relating to idle-control technologies for heavy-duty truck engines. TAS moved for summary judgment alleging that Cummins’ suit was barred by the doctrine of res judicata in view of prior litigation between Cummins and TAS. The district court granted summary judgment, and Cummins appealed...

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