In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features of the accused device and the device previously determined to be non-infringing such that they are ‘essentially the same.’” Accused products are essentially the same where “the difference between them are merely ‘colorable’ or ‘unrelated to the limitation in the claim of the patent.’” Thus, “[i]f accused devices in a second suit remain ‘unchanged with respect to the corresponding claim limitations at issue in the first suit,’ the patentee is precluded from pursuing its infringement claims a second time.” The burden is on the proponent of claim or issue preclusion to show that the accused products are essentially the same.
The post Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Scarcity or Abundance Mindset? How Scarcity-Minded Leaders Undermine Team Culture and Potential
- ParkerVision v. Rule 36 | Patently Strategic Podcast
- Treading Carefully: How to Navigate the Common Law Research Exemption and the Hatch-Waxman Safe Harbor
- Five Tactics to Improve PTAB Appeal Results for Your Clients
- IP News: Barks & Bites for Friday, March 14 | IPWatchdog