Identity of issue, and Full and fair opportunity to contest the issue. Important to the attorney defending a malpractice claim, the argument that it is unfair to apply an earlier judgment in a ...

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday reversed in part, vacated in part, and remanded a final ...

Usually, when an issue is actually considered and resolved after a full and fair opportunity to litigate, the doctrine of issue preclusion can bar the losing party from relitigating the issue in ...

Kenneth G. Schwarz writes: Res judicata, or claim preclusion, is frequently used in the same breath as collateral estoppel, or issue preclusion. But while the two doctrines arise out of a desire to ...

This case addresses[1] the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this ...

After the Supreme Court decision in B&B Hardware, Julia Anne Matheson and Cathy Liu of Hogan Lovells examine a case considering whether a court decision can have preclusive effect on a TTAB proceeding ...