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Message: No legal mind here but -

No legal mind here but -

posted on Apr 22, 2009 07:06AM

Doesn't this impact on the 584 situation? Note the bold. With respect to the 584, was not the claim construction and subsequent determinations based on a different claim wording? Can we get some legal mind to comment? Opty

<The District Court in TM Patents set forth the basic principles of collateral estoppel:
Collateral estoppel forecloses litigants from contesting matters that were actually litigated and decided in a previous action. See Blonder-Tongue Lab. Inc. v. University of Illinois Foundation, 402 U.S. 313, 329, 91 S.Ct. 1434, 28 L.Ed.2d 788 (1971). Four elements must be met for collateral estoppel to apply. First, the issues raised in both proceedings must be identical. Second, the relevant issues must have actually been litigated and decided in the prior proceeding. Third, the party to be estopped must have had a full and fair opportunity to litigate the issues in that prior proceeding. And fourth, resolution of the issues must have been necessary to support a valid and final judgment on the merits. See Central Hudson Gas & Elec. Corp. v. Empresa Naviera Santa, 56 F.3d 359, 368 (2d Cir.1995).>


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