Wednesday, July 01, 2015

Kessler doctrine from 1907 arises in Speedtrack v Office Depot case

From the decision:

The Kessler doctrine “bars a patent infringement ac-
tion against a customer of a seller who has previously
prevailed against the patentee because of invalidity or
noninfringement of the patent.”
MGA, Inc. v. Gen.Motors Corp., 827 F.2d 729, 734 (Fed. Cir. 1987).
As noted, this doctrine originated in the Supreme Court’s decision in
Kessler v. Eldred, 206 U.S. 285 (1907).

See 2014 post on IPBiz CAFC invokes 1907 Kessler doctrine in Brain Life v. Elekta

Note text in Speedtrack:

More recently, we reaffirmed the continued vitality of
the Kessler doctrine, holding that it “precludes some
claims that are not otherwise barred by claim or issue
preclusion.” Brain Life, 746 F.3d at 1055-

Link to Speedtrack case:


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