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Message: I kind of forget

Was it Barnes and Noble or all of the defendants that invoked the Kessler Doctrine? I assume the reasoning was that the ITC ruled for non-infringement....therefore same products could not be found to infringe in another court. Do I have it right? I know Ron has written about this and I have not reviewed those posts but it seems unlikely to me that another judge in a completely different venue with different claims construction would allow the ITC judgement to overturn, essentially, his own work.

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