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Litigation Strategies Collateral Estoppel

Sunstein LLP

Collateral (Patent) Damage Undone by Federal Circuit?

Sunstein LLP on

In Kroy IP Holdings v. Groupon, The Federal Circuit issued a decision that should come as a comfort to patent owners, addressing the interplay between decisions of the Patent Trial and Appeal Board (“PTAB”) in inter partes...more

Adams & Reese

South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel

Adams & Reese on

South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the...more

Fox Rothschild LLP

Can Prior Acts Previously Adjudicated to Not Amount to Domestic Violence Be Raised in a Future Domestic Violence Proceeding?

Fox Rothschild LLP on

Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more

Freiberger Haber LLP

Collateral Estoppel Held Not To Bar Later-Filed Malpractice Action

Freiberger Haber LLP on

In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction...more

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

PTAB Strategies and Insights - January 2020: IPR Kills Another Jury Verdict

In Personal Audio, the Federal Circuit upheld a district court judgment dismissal of a jury verdict for patent owner throwing out a $1.3 million judgement because the patent was later invalidated at the PTAB. Patent owner...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

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

PTAB Strategies and Insights - December 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

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

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

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