The Crosscurrents Of Collateral Estoppel In Patent Suits

Law360, New York (August 19, 2013, 1:39 PM EDT) -- On July 2, 2013, a divided Federal Circuit panel issued a remarkable decision. It vacated Baxter’s patent infringement judgment and an award of $14.3 million in preverdict damages that already had been reviewed and affirmed by the Federal Circuit.[1] 

There was no en banc review or certiorari from the U.S. Supreme Court that compelled this reversal of fortune; those requests had been denied. Judge Timothy Dyk and Judge Sharon Prost ruled that a subsequent decision to invalidate the patent claims following reexamination by the U.S. Patent...
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