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Issue Preclusion Collateral Estoppel

McDermott Will & Emery

Beware Equitable Doctrine of Issue Preclusion in Multiparty, Multivenue Patent Campaigns

Addressing for the first time whether an invalidity order merges with a voluntary dismissal for purposes of finality, the US Court of Appeals for the Federal Circuit held that an interlocutory order merges with the final...more

Haug Partners LLP

Can Different Theories of Patent Invalidity Be Deemed Different Issues for Collateral Estoppel Purposes?

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The doctrine of issue preclusion, or collateral estoppel, prevents a party who unsuccessfully litigated an issue to a final decision in one proceeding from relitigating the same issue in future proceedings. In the patent...more

Freeman Law

Texas Courts and The Doctrine of Res Judicata

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Texas Courts and The Doctrine of Res Judicata The doctrine of res judicata, or claim preclusion, bars a second action by parties and those in privity with them on matters actually litigated in a previous suit, as well as...more

Freeman Law

Collateral Estoppel in Texas

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Collateral estoppel, also known as issue preclusion, bars the relitigation of  identical issues of fact or law decided in a prior suit.  It applies when the party against whom it is asserted had a full and fair opportunity to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: SynQor, Inc. v. Vicor Corp., 988 F.3d 1341 (Fed....

SynQor, Inc. appealed the inter partes reexamination decision of the Patent Trial and Appeal Board (Board) holding un- patentable as obvious original claims 1–19, 28, and 31 of SynQor’s patent, U.S. Patent No. 7,072,190 as...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions - February 17th, 1:00 pm - 2:00 pm EST

Sterne, Kessler, Goldstein & Fox invites you to a webinar, "Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions," on Thursday, February 17, 2022. In conjunction with the release of the firm's...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 148: Listen and Learn -- Claim and Issue Preclusion (Civil Procedure)

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Welcome back to the Bar Exam Toolbox podcast! As part of our "Listen and Learn" series, today we're focusing on one of the newest additions to the MBE portion of the bar exam: Civil Procedure. In particular, we take a look at...more

Freeman Law

The Tax Court in Brief - June 2021

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Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose. The Week of June 14 – June 18, 2021 - Bell Capital Management, Inc....more

Haug Partners LLP

In SynQor, Inc. v. Vicor Corp., Federal Circuit Applies Collateral Estoppel to Related Inter Partes Reexamination Proceedings

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On February 22, 2021, the Federal Circuit addressed for the first time whether collateral estoppel (i.e., issue preclusion) was applicable in inter partes reexamination proceedings. The case is SynQor, Inc. v. Vicor Corp.,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Issue Preclusion Precluded PTAB’s Contrary Result in a Later Inter Partes Reexam

In SynQor, Inc. v. Vicor Corp., Case No. 19-1704 (Fed. Cir. Feb. 22, 2021), the Federal Circuit vacated the inter partes reexamination decision from the Patent Trial and Appeal Board (the “Board”). As part of the decision,...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

WilmerHale

Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense...

WilmerHale on

On May 14, 2020, the U.S. Supreme Court decided Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No. 18-1086, addressing the subjects of claim and issue preclusion. The Court held that claim preclusion (or...more

Dorsey & Whitney LLP

A Lucky Day at the Supreme Court for Lucky Brand

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Lucky Brand has emerged victorious in the latest skirmish of its nearly 20-year trademark litigation battle with Marcel Fashions, a competitor in the apparel business. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group,...more

Proskauer - Minding Your Business

Supreme Court Narrowly Rejects Second Circuit’s Sweeping “Defense Preclusion” Doctrine

Earlier this month, the United States Supreme Court unanimously rebuffed the Second Circuit’s attempt to expand the scope of res judicata to include the so-called concept of “defense preclusion” – a novel doctrine that would...more

Fish & Richardson

A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test - The Court rules in favor of...

Fish & Richardson on

On May 14, 2020, the U.S. Supreme Court ruled in Lucky Brand Dungarees Inc., et al. v. Marcel Fashions Group, Inc. that Lucky Brand was not precluded from raising a defense that it could have raised in a previous trademark...more

Bradley Arant Boult Cummings LLP

Lucky Brand v. Marcel: Lucky Brand Gets Lucky on Claim Preclusion

The outdated pair of acid washed jeans that your dad wears to mow the lawn seem brand new in comparison to the nearly 20 years of litigation between Lucky Brand and Marcel over the use of various “Lucky” trademarks. Last...more

Goulston & Storrs PC

Supreme Court Changes Lucky Brand’s Luck in 20-Year Trademark Dispute

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On May 14, 2020, the Supreme Court of the United States issued its opinion in the latest round of a 20-year long trademark dispute between Lucky Brand Dungarees, Inc. and Marcel Fashion Group, Inc. over the use of “Lucky.” ...more

Jackson Walker

Supreme Court Addresses “Defense Preclusion” as a Component of Res Judicata in New Trademark Decision

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In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense preclusion” as a valid...more

Jones Day

A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test - The Court rules in favor of...

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In a unanimous opinion, the U.S. Supreme Court ruled in favor of jeans manufacturer, Lucky Brand Dungarees, Inc. ("Lucky"), in its protracted trademark battle with Marcel Fashions Group, Inc. ("Marcel"), holding that Lucky...more

Akerman LLP - Marks, Works & Secrets

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., that a party is not precluded from raising new defenses, when a subsequent lawsuit between the same...more

Blank Rome LLP

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

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Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls....more

Eversheds Sutherland (US) LLP

Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion

On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by the Second Circuit, upholding the requirement that preclusion of a defense...more

BakerHostetler

No Luck Needed for Lucky Brand at the Supreme Court

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The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was...more

Dorsey & Whitney LLP

The Supreme Court - May 14, 2020

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Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more

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