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 | 5 min read | 07.14.25
The European Commission issues competition guidance in the transport sector
On July 9, 2025, the Directorate-General for Competition within the European Commission issued two informal guidance letters, both intended to bring increased clarity on competition law compliance to companies in the transport sector.
Client Alert | 4 min read | 07.11.25
Client Alert | 7 min read | 07.11.25
President Trump’s “One Big Beautiful Bill” Makes Changes to Medicaid
Client Alert | 4 min read | 07.11.25
