What's Next For Issue Preclusion And Patent Invalidity
By John O’Quinn and Hannah Bedard ( June 28, 2018, 2:48 PM EDT) -- Collateral estoppel (or issue preclusion) is a well-known legal doctrine that generally prevents a party that unsuccessfully litigated an "issue" to a final decision from relitigating that same issue in future proceedings against the same adversary. One question that naturally arises in the application of collateral estoppel is: What is the scope of the "issue" that was previously litigated?...
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