Claim Preclusion

Patent Watch: Aspex Eyewear, Inc. v. Zenni Optical, LLC

by Lawrence M. Sung | BakerHostetler on 4/24/2013

On April 19, 2013, in Aspex Eyewear, Inc. v. Zenni Optical, LLC, the U.S. Court of Appeals for the Federal Circuit (Newman,* Prost, Reyna) affirmed the district court's ruling that prior litigation collaterally estopped Aspex...more

Court Of Appeal Holds Section 25504 And Section 15 Claims Are Bis In Idem

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/16/2013

Section 15 of the Securities Act of 1933 imposes liability on control persons for violations of Sections 11 and 12 of that act. Section 25504 of the California Corporations Code imposes liability on persons who control...more

Delaware Supreme Court Overrules the Delaware Court of Chancery's Decision in Pyott v. La. Municipal Police Employees' Retirement...

by Wilson Sonsini Goodrich & Rosati on 4/8/2013

On April 4, 2013, the Supreme Court of the State of Delaware in Pyott v. La. Municipal Police Employees' Retirement System reversed the trial court's opinion and held that a final judgment in a California federal court...more

Patent Watch: Cummins, Inc. v. TAS Distrib. Co.

by Lawrence M. Sung | BakerHostetler on 12/14/2012

[R]es judicata [may attach where] the present matter relates to patent invalidity, misuse, and unenforceability [and] the prior case dealt only with enforcing the "all reasonable efforts to market and sell" under [a license...more

Patent Watch: Superior Indus., LLC v. Thor Global Enters. Ltd.

by Lawrence M. Sung | BakerHostetler on 12/3/2012

[Claim preclusion does not arise merely because the plaintiff was aware of independent facts that gave rise to a separate cause of action against the defendant at the time it brought suit. [A prior trademark infringement...more

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Patent Watch: Aspex Eyewear, Inc. v. Zenni Optical, LLC

Court Of Appeal Holds Section 25504 And Section 15 Claims Are Bis In Idem

Delaware Supreme Court Overrules the Delaware Court of Chancery's Decision in Pyott v. La. Municipal Police Employees' Retirement...

Patent Watch: Cummins, Inc. v. TAS Distrib. Co.

Patent Watch: Superior Indus., LLC v. Thor Global Enters. Ltd.

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