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The High Cost of Settlement: Patentees May Be Prevented from Re-Litigating Claim Construction Issues Decided in Previously Settled Litigation

Patentees need to be aware that if they sue multiple entities at different times and in different courts for patent infringement, they may be "stuck" with the claim construction rendered by the first court in later litigations. As a result, patentees must carefully consider both the venue and order in which they face their opponents.

21 minute read October 01, 2003 at 02:19 PM
By
Richard W. Erwine And Richard Martinelli
The High Cost of Settlement: Patentees May Be Prevented from Re-Litigating Claim Construction Issues Decided in Previously Settled Litigation

Patentees need to be aware that if they sue multiple entities at different times and in different courts for patent infringement, they may be “stuck” with the claim construction rendered by the first court in later litigations.

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