Rule 36 Judgment May Support Finding of Collateral Estoppel, PTAB Litigation Blog
The Federal Circuit recently affirmed final written decisions in two inter partes reviews by holding that the patent owner was collaterally estopped from relitigating the threshold issue of whether a prior art reference was a printed publication. VirnetX Inc. v. Apple, Inc., 2017-2490, 2017-2494 (Fed. Cir. Dec. 10, 2018). In doing so, the CAFC confirmed that a Rule 36 summary affirmance may serve as a basis for collateral estoppel.
Read the full article at ptablitigationblog.com.