Claim Preclusion

The manufacturer/customer privity hurdle in patent infringement suits can be overcome by application of the <i>Kessler</i> doctrine. This article explains.

24 minute read August 28, 2008 at 01:51 PM

Amber Hatfield Rovner

Because patent infringement is a strict liability offense, liability typically turns on the nature of the accused product. Courts addressing claim preclusion in patent cases thus tend to focus on the extent to which a newly accused product is the same as the previously adjudicated product.

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