Fed. Circ. Won't Revive Capital One's Antitrust Suit Against IV

Law360 (September 10, 2019, 8:16 PM EDT) -- Capital One can’t bring antitrust claims against patent licensing firm Intellectual Ventures in Maryland federal court after they were already rejected by a Virginia federal judge, the Federal Circuit affirmed Tuesday.

The bank’s claims that IV is monopolizing the banking technology market are barred by collateral estoppel, a three-judge panel said. The court said the estoppel, which bars parties from relitigating issues already decided in another proceeding, made it “unnecessary” to go into the appeal’s other question, which is whether IV is protected by Noerr-Pennington immunity.

The panel noted that Capital One took an informed risk to abandon its appeal in...

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