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Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof

Because there are different burdens of proof in IPRs and district court, collateral estoppel does not preclude a patent owner from asserting claims that are immaterially different from claims canceled in an IPR....more

Failure to Convert Dismissal Into Summary Judgment Deemed Harmless

HAWKS TECHNOLOGY SYSTEMS, LLC v. CASTLE RETAIL, LLC - Before Reyna, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Tennessee. Summary: A court’s failure to exclude...more

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