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Stop What You Are Doing: Collateral Estoppel At The PTAB, PTAB Litigation Blog

March 2018

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On March 13, 2018, in Nestlé USA, Inc. v. Steuben Foods, Inc., 2017-1193 (Fed. Cir. Mar. 13, 2018), the Federal Circuit confirmed that collateral estoppel may preclude the need to revisit an issue that had already been resolved against a party in post grant proceedings. The court considered whether the PTAB may construe a claim term in a way that differs from a previous Federal Circuit construction of the same term in a different proceeding.

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