Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent Federal Circuit: A Disclaimer Made In a Pending IPR Is Not Binding In That Proceeding, But Is Binding In a Subsequent One
Jeff Ginsberg and Ryan J. SheehanThe doctrine of collateral estoppel (also known as issue preclusion) bars a party from litigating an issue when: 1) the issue is identical to one decided in a prior proceeding; 2) the issue was actually litigated in the first proceeding; 3) its resolution was essential to a final judgment; and 4) the non-moving party had a full and fair opportunity to litigate the issue in the first action.
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The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.
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