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December 4, 2013

Single Amputation Kills Whole Family

Ohio Willow Wood came up with some patented designs for cushions over amputated limbs. One was amputated during litigation-related reexam. That was enough to effectively kill the whole family. "Collateral estoppel protects a party from having to litigate issues that have been fully and fairly tried in a previous action and adversely resolved against a party-opponent. Our precedent does not limit collateral estoppel to patent claims that are identical. Rather, it is the identity of the issues that were litigated that determines whether collateral estoppel should apply." (CAFC 2013-1642)

Posted by Patent Hawk at December 4, 2013 3:47 PM | Prior Art