Cummins Fights To Keep IP Claims Alive In Fed. Circ.

Law360, Washington (December 5, 2011, 8:29 PM EST) -- Cummins Inc. on Monday told the Federal Circuit that the 2003 suit brought by TAS Distributing Inc. over car-engine control technology it won should not bar it from asserting patent-related claims that were not brought up in the previous case.

In December 2009, an Illinois federal judge ruled that the doctrine of res judicata barred Cummins’ suit, clearing the way for TAS to continue a separate, still-pending action filed in 2007 against Cummins for royalties under a disputed licensing agreement. Cummins cannot try to invalidate TAS’...
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