Waiting for ruling by judge Dana Sabraw in favor of e.Digital related to collateral estoppel issue.(following is another strong case law in this issue.jmho)
In Graco Children's Products, Inc. v. Regalo International, LLC, 3 the Eastern District of Pennsylvania reached the opposite result. The Graco court held that the claim construction in an earlier case did not preclude relitigation of the same claim construction issues. The earlier case settled during an appeal of the trial court's judgment on a jury verdict finding infringement.
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ORDER
AND NOW, this 16th day of December, 1999, upon
consideration of the request by Defendant Regalo International,
LLC, to reconsider this Court’s Order, dated November 29, 1999,
finding that Plaintiff Graco Children’s Products, Inc. is not
bound by the claim construction in Graco Children’s Products v.
Century Products Co., No. CIV. A. 93-6710, 1996 WL 421966 (E.D.
Pa. July 23, 1996), and all responses thereto, it is hereby
ORDERED that Defendant’s request is DENIED.
BY THE COURT:
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ROBERT F. KELLY, J.
