District Court's Markman Ruling Has No Preclusive Effect On PTO Reexam
Client Alert | 1 min read | 08.24.07
The Federal Circuit, in In Re Trans Texas Holdings Corp., (No. 2006-1559, -1600, Aug. 22, 2007), affirms a Board's Reexamination decision that found that each of the claims of two related patents were invalid under 35 U.S.C. § 103(a) as obvious over the prior art. The Court rejects the appellant's argument that the Board should have given preclusive effect to a district court's Markman order, which had construed the claims in their favor in a prior litigation. The Court holds that issue preclusion is not warranted because the PTO was not a party to the earlier litigation, and as a result, did not have a "full and fair opportunity" to litigate the claim construction issues.
Contacts
Insights
Client Alert | 7 min read | 01.13.26
On 30 December 2025, the Belgian Official Gazette published the Act of 19 December 2025 implementing a strengthened return-to-work policy in case of work incapacity, and the Royal Decree of 17 December 2025 amending the Code of Well-being at Work, commonly referred to as "Reintegration Trajectory 3.0".
Client Alert | 4 min read | 01.07.26
Client Alert | 3 min read | 01.07.26
CMMC for AI? Defense Policy Law Imposes AI Security Framework and Requirements on Contractors
Client Alert | 3 min read | 01.07.26
New Year, Same CIPA Uncertainty – When Will the Appellate Courts Enter the Chat?
