Civil Litigation,
Intellectual Property
Jun. 28, 2019
Issue-preclusive effect of agency decisions in the patent context
In the aftermath a 1971 Supreme Court decision courts have applied issue preclusion to end patent lawsuits. Just a few years ago the high court confirmed that issue preclusion applies even when the prior action was before an administrative agency. But what about across IPRs? Or ITC actions?
Irfan A. Lateef
Partner
Knobbe Martens
Email: irfan.lateef@knobbe.com
Irfan focuses on patent litigation and dispute resolution, Irfan provides strategic vision from his extensive courtroom, patent portfolio development, regulatory, and business experience across many industry sectors.
Josepher Li
Associate
Knobbe Martens
Email: josepher.li@knobbe.com
Josepher focuses his practice on intellectual property litigation, with an emphasis on patent matters, and he represents both patentees and accused infringers in cases involving a wide range of technologies.
Since the U.S. Supreme Court's decision in Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313 (1971), courts have applied issue preclusion to end patent lawsuits. Blonder-Tongue involved a patentee simultaneously asserting its patent in two federal court cases. Ultimately, while both cases were pending, the distr...
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