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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