Thursday, November 05, 2015

CAFC applies collateral estoppel in Tse v. Apple

From the decision

“The doctrine of collateral estoppel applies if (1) the
issue sought to be precluded from relitigation is identical
to the issue decided in the earlier proceeding; (2) the issue
was actually litigated in the former proceeding; (3) the
issue was necessarily decided in the former proceeding;
and (4) the person against whom collateral estoppel is
asserted was a party, or in privity with a party, to the
earlier proceeding.” Enovsys LLC v. Nextel Commc’ns,
Inc., 614 F.3d 1333, 1342-43 (Fed. Cir. 2010) (applying
California law). However, “a judgment of invalidity will
have no collateral estoppel effect if the patentee can show
that it did not have a full and fair opportunity to litigate.”
Pharmacia & Upjohn Co. v. Mylan Pharm., Inc., 170 F.3d
1373, 1379 (Fed. Cir. 1999) (citing Blonder-Tongue Labs.,
Inc. v. Univ. of Ill. Found., 402 U.S. 313, 329-334 (1971)).

The pro se appellant Tse lost.


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