by Jones Day's ITC Litigation Team | May 16, 2019 | Estoppel, Preclusion, Trademark / Trade Dress
Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court reached its conclusion...
by Jones Day's ITC Litigation Team | Oct 31, 2018 | Estoppel, Invalidity
In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed...
by Jones Day's ITC Litigation Team | Jun 8, 2018 | Estoppel, Preclusion
While patent decisions from the ITC do not have collateral estoppel effects on later district court cases, other ITC decisions may create collateral estoppel. In a case of first impression, a district court recently ruled that an earlier trade-secret...
by Jones Day's ITC Litigation Team | Dec 12, 2017 | Commission Opinions, Estoppel, Invalidity
The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defenses previously adjudicated by the Patent Trial and Appeal Board (PTAB)...
